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2016/2017 INVESTIGATIVE DIRECTORATE INDEPENDENT POLICE ANNUAL REPORT

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Page 1: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

2016/2017INVESTIGATIVE DIRECTORATEINDEPENDENT POLICE

ANNUALREPORT

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INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE

VOTE NO. 20

ANNUAL REPORT 2016/2017 FINANCIAL YEAR

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2 IPID I ANNUAL REPORT I 2016/2017

ContentsPART A: GENERAL INFORMATION 5

1. DEPARTMENT GENERAL INFORMATION 6

2. LIST OF ABBREVIATIONS/ACRONYMS 7

3. FOREWORD BY THE MINISTER 8

4. DEPUTY MINISTER STATEMENT 9

5. REPORT OF THE ACCOUNTING OFFICER 10

6. STATEMENT OF RESPONSIBILITY AND CONFIRMATION OF ACCURACY FOR THE ANNUAL REPORT 16

7. STRATEGIC OVERVIEW 17

7.1. Vision 17

7.2. Mission 17

7.3. Values 17

8. LEGISLATIVE AND OTHER MANDATES 17

9. ORGANISATIONAL STRUCTURE 18

10. ENTITIES REPORTING TO THE MINISTER 18

PART B: PERFORMANCE INFORMATION 19

1. AUDITOR GENERAL’S REPORT: PREDETERMINED OBJECTIVES 20

2. OVERVIEW OF DEPARTMENTAL PERFORMANCE 20

2.1 Service Delivery Environment 20

2.2 Service Delivery Improvement Plan 20

2.3 Organisational Environment 21

2.4 Key Policy Developments and Legislative Changes 21

3. STRATEGIC OUTCOME ORIENTED GOALS 21

4. PERFORMANCE INFORMATION BY PROGRAMME 22

4.1 Programme 1: Administration 22

5. PROGRAMME 2: INVESTIGATION AND INFORMATION MANAGEMENT 25

6. PROGRAMME 3: LEGAL SERVICES 29

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3IPID I ANNUAL REPORT I 2016/2017

7. PROGRAMME 4: COMPLIANCE MONITORING AND STAKEHOLDER MANAGEMENT 31

8. TRANSFER PAYMENTS 33

9. CONDITIONAL GRANTS 33

10. DONOR FUNDS 33

11. CAPITAL INVESTMENT 33

STATISTICAL REPORT 34

PART C: GOVERNANCE 67

1. INTRODUCTION 68

2. COMPLIANCE, ETHICS AND RISK MANAGEMENT 68

3. FRAUD AND CORRUPTION 68

4. MINIMISING CONFLICT OF INTEREST 69

5. CODE OF CONDUCT 69

6. HEALTH SAFETY AND ENVIRONMENTAL ISSUES 69

7. PORTFOLIO COMMITTEES 69

8. SCOPA RESOLUTIONS 70

9. PRIOR MODIFICATIONS TO AUDIT REPORTS 70

10. INTERNAL AUDIT AND AUDIT COMMITTEES 70

11. AUDIT COMMITTEE REPORT 72

PART D: HUMAN RESOURCE MANAGEMENT 75

1. INTRODUCTION 76

2. OVERVIEW OF HUMAN RESOURCES 76

3. HUMAN RESOURCES OVERSIGHT STATISTICS 77

PART E: FINANCIAL INFORMATION 93

Report of the Auditor-General of South Africa 94

Annual Financial Statements 99

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4 IPID I ANNUAL REPORT I 2016/2017

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5IPID I ANNUAL REPORT I 2016/2017

PART A: GENERAL

INFORMATION

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6 IPID I ANNUAL REPORT I 2016/2017

1. DEPARTMENT GENERAL INFORMATION

PHYSICAL ADDRESS: City Forum Building

114 Madiba Street

PRETORIA

POSTAL ADDRESS: Private Bag X941

PRETORIA

0001

TELEPHONE NUMBER/S: +27 12 399 0000

FAX NUMBER: +27 12 399 0144

EMAIL ADDRESS: [email protected]

WEBSITE ADDRESS: www.ipid.gov.za

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IPID I ANNUAL REPORT I 2016/2017 7

2. LIST OF ABBREVIATIONS/ACRONYMS

AENE Adjusted Estimated National Expenditure

AGSA Auditor General of South Africa

AO Accounting Officer

APP Annual Performance Plan

Assault GBH Assault with intent to do Grievous Bodily Harm

BBBEE Broad Based Black Economic Empowerment

CFO Chief Financial Officer

ConCourt Constitutional Court

DCPI Directorate for Priority Crime Investigation

DPP Director of Public Prosecutions

EU European Union

GITO Government Information Technology Officer

HOD Head of Department

HCT HIV Counselling and Testing

ICD Independent Complaints Directorate

ICT Information Communication Technology

IPID Independent Police Investigative Directorate

MEC Member of Executive Council

MPS Municipal Police Services

MTEF Medium Term Expenditure Framework

NACH National Anti-Corruption Hotline

NCOP National Council of Provinces

NPA National Prosecuting Authority

PCP Portfolio Committee on Police

PFMA Public Finance Management Act

PSA Public Servants Association

PSIRA Private Security Industry Regulatory Authority

SAPS South African Police Services

SCM Supply Chain Management

SDIP Service Delivery Improvement Plan

SITA State Information Technology Agency

SMME Small Medium and Micro Enterprises

SOP Standard Operating Procedure

SPP Senior Public Prosecutor

TR Treasury Regulations

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8 IPID I ANNUAL REPORT I 2016/2017

3. FOREWORD BY THE MINISTER

Since my appointment as the Minister of Police, we have been working hard to get

all our crime fighting Institutions to focus on making South Africans feel safe. We

have also marshalled all our compatriots to get behind the South African Police

Service (SAPS) to fully support the fight against crime. We have also cultivated the

discipline in the SAPS to instil fear in criminals – all within the bounds of the laws

of our country.

Lately, we have noticed the involvement of some police officers in crime and their

collusion with criminal elements. There is no place for criminals in the SAPS and all

policing Institutions. The IPID must intensify its fight against corruption within our

ranks without fear or favor.

The IPID signed a Memorandum of Understanding (MoU) with the Inspector-

General of Intelligence (IGI) and a good working relationship with the Directorate

of Priority Crime Investigation (DPCI), otherwise known as the Hawks. This

is significant as it will make it easier for investigations to be done in the Crime

Intelligence environment, which has been difficult without the collaboration of

these key Institutions. Such collaboration will maximise the sharing of resources

and enable the investigation of serious crime in which members of the SAPS are

involved.

In my engagements with the management of the IPID, I was made aware of the severe financial constraints that the IPID faces and

its impact on their performance for the period under review. I will be doing my best to assist the IPID to secure more funding so

that it can fully carry out its mandate and serve all South Africans in fighting police criminality.

The IPID should maintain its resolve to investigate without fear, favour or prejudice. Such an approach will earn the IPID respect

within the ranks of the police, who may be more inclined to cooperate, because they are treated with professionalism without

any malice.

As we account to the people of South Africa, we promise to intensify our efforts to give them the kind of service they deserve.

Lastly, I commend IPID’s leadership and management for implementing strategies and interventions to ensure that service delivery

is not entirely hampered due to the constained budget.

It is my pleasure to table the IPID’s Annual Report for 2016/17 financial year.

Mr FA Mbalula

Minister of Police (MP)

15 September 2017

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9IPID I ANNUAL REPORT I 2016/2017

4. DEPUTY MINISTER STATEMENT

The Minister of Police and myself were appointed by His Excellency, President

Jacob Zuma in March 2017. Since then, the Ministry of Police has embarked on

programmes to listen to the concerns of South Africans about crime and to take

on board their suggestions on how to find solutions that could be implemented

in their communities.

To make this consultation process possible, we launched the 100 day programme,

which saw us criss-crossing the country and talking to South Africans of all

persuasions to hear what their concerns about crime are. We have since developed

a number of programmes to address the challenges that our communities have

identified. From this process, we have learned that we cannot solve the crime

problem on our own but the solutions lie with our communities who have to live

with crime every day.

As a Ministry, we have noted some disturbing actions by some former leaders

in the policing environment who are not happy with the actions of the political

leadership to clean up the police. Such actions have sought to undermine the

great strides being made in fighting corruption within the police service. We are

very determined to ensure that the integrity of the SAPS is restored at all levels;

including the Crime Intelligence environment, which if it were functioning properly

would alert us to crimes before they happen.

We support the IPID’s and Inspector-General’s investigations into the Crime Intelligence environment and call on the two

Institutions to bring these investigations to a speedy conclusion.

IPID’s contribution to professionalize the police service by conducting investigations on complaints against the police is esteemed.

These investigations led to 276 disciplinary convictions and 45 criminal convictions during the period under review.

I extend my gratitude to IPID leadership, management and staff for carrying out the legislative mandate and their concerted

efforts in making South African citizens feel safe.

Mr BM Mkongi

Deputy Minister of Police (MP)

31 August 2017

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10 IPID I ANNUAL REPORT I 2016/2017

5. REPORT OF THE ACCOUNTING OFFICER

Overview of the Operations of the Directorate

The events depicted in this Annual Report also cover the period when I was on

unlawful suspension. I returned to the office after the judgment of the North

Gauteng High Court, and as confirmed by the Constitutional Court (ConCourt).

This judgment affirmed the independence of the Independent Police Investigative

Directorate (IPID). Both courts said the IPID should be operationally and structurally

independent.

The courts also directed that the IPID Act be amended to address the defects of

those sections of the IPID Act that were found to be unconstitutional. This process

has started internally through consultation and debates that contribute to the

amendment process. The IPID and the Civilian Secretariat for Police Service (CSPS)

have formed a joint task team to work on the amendment of the IPID Act. This

process will be completed before the end of the next financial year. Parliament was

given twenty-four months to amend the IPID Act.

In addition, complying with the Constitutional Court judgment means that the

IPID should be given sufficient resources to enable it to operate independently.

Currently, the IPID is dependent on the SAPS for forensic and ballistic expertise.

This is a shortcoming that was also raised by the Farlam Commission of Inquiry into the Marikana events in which 34 people were

shot and killed by the police.

After my return in October 2016, I noticed that IPID was in a state of instability and an atmosphere of fear was pervasive. I

immediately, together with the management of IPID, began a process to stabilise the organisation and remove the fear factor. In

the absence of the hand-over report from the former Acting Executive Director, I set about reversing decisions which appeared not

to have any legal basis or rationale that had been taken in my absence. This included the abuse of the disciplinary processes, the

abuse of transfers and suspensions and the very costly, vexatious and indefensible disciplinary processes, appeals and arbitrations.

I have instructed that legal proceedings be instituted to recover any fruitless and wasteful expenditure incurred as a result of these

unlawful conduct.

The returning senior management were also met by reports of alleged premature closure of cases without proper investigations.

A team was then appointed to conduct investigations to verify the allegations and to determine the extent of the problem in

various provinces. This investigation is on-going.

As the IPID, we are determined to uphold the highest level of integrity and ethics. It is our view that as an oversight institution, we

should have a higher degree of integrity in order for us to exercise oversight over the police. We expect that the more independent

we are, the higher the levels of integrity we should have in our investigations. The integrity of our investigations will always be

questioned if we continue to rely on the subject of our investigations for technical expertise.

This Report depicts the challenges we faced due to the lack of resources, especially in our core Programme, which manifested in

difficulties attaining targets. In the last quarter of the financial year, the IPID had to scale down investigations and prioritise only

life-and-limb matters and serious violations of human rights. The Directorate also had to stop other work completely such as

community outreach activities. We stopped travelling to police stations to collect dockets of assault matters and the discharge of

police firearms, where there were no injuries. The communication costs were also cut by curbing usage of 3G cards. We cannot

maintain our ICT infrastructure, such that it is now crumbling due to the lack of required maintenance and upgrades. There was

just no money due to persistent cuts in our budget allocation. The same situation will continue in the next financial year, as we

commence with accruals of twenty-four million rand (R24 million), which is a huge deficit in our limited budget. If our plight is not

alleviated, we will be forced to take drastic measures such as closing down some of our District Offices – thus taking services away

from communities which need them.

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11IPID I ANNUAL REPORT I 2016/2017

The AGSA raised misstatements in performance information for the period under review. The Components that are meant to

assist with quality control of investigations are not fully capacitated. We will be working hard to improve the reliability of our

performance information. Having said that, it goes without saying that part of the root cause of the problem can be traced back

to the IPID not having enough resources to maintain its crucial ICT infrastructure, especially, the case management system, which

is a critical system.

This Annual Report also carries with it a qualified Audit Report by the Auditor-General SA (AGSA). During the audit of financial

statements, the AGSA made a finding on the misstatement of accruals in relation to the volume of the accruals and the inadequate

internal control systems. It is the first time we have received such an audit outcome since the Department transformed from the

Independent Complaints Directorate (ICD) to the Independent Police Investigative Directorate (IPID) in 2012. For the financial year

under review, the accruals increased substantially from R6 million in 2015/16 to R24 million in 2016/17. This amount increased

mainly as a result of extensive budget cuts that the IPID experienced in the previous financial years. The inadequate capacity in

the internal control systems, particularly in the Supply Chain Management (SCM) Component has resulted in the qualification on

the disclosed amount of accruals.

It must however, be noted that the accrual amount of R9.2 million as reflected in the Audit Report is an extrapolated figure and

not an actual amount. It was based on a projected 40% error rate of the entire population of R24 million. The Auditor General used

their audit methodology to arrive at the above mentioned projected amount.

The AGSA also raised a finding on the extension of contracts, which resulted in irregular expenditure. Again the lack of capacity,

particularly in contract management, has impacted negatively on the management of the IPID’s contracts. The extension of

contracts dates back to 2006, and spans over different Executive Directors’ terms of office; that made decisions on the extensions

based on reasons provided to them at that time. Of the R18 million figure raised by the AGSA, R12 million relates to prior years,

whereas R6 million relates to the period under review. The IPID has since started procurement processes in order to correct the

continuous extension of contracts, which resulted in the audit finding.

Although IPID is a small Department and is underfunded; its reporting and accounting obligations are the same as other

departments with exponentially higher budgets and staff complements. However, we will rise to the challenge.

Notwithstanding the meagre resources, the IPID has achieved some successes in the form of cases which were finalised in the

courts, resulting in convictions in numerous cases. The statistics in the Annual Report set out in detail all the information relating

to the IPID’s performance.

National Treasury and the Minister of Police have been engaged to assist the Directorate with additional funding in order to

address the reported cost pressure areas. The allocation of additional funding to the IPID will not only address the increased

accruals but also the insufficient capacity in various key components. As long as the IPID is not funded adequately, accruals will

continue to increase.

Overview of the Financial Results of the Department:

• Departmental Receipts

Departmental receipts

2016/2017 2015/2016

Estimate Actual Amount

Collected

(Over)/Under

Collection

Estimate Actual Amount

Collected

(Over)/Under

Collection

R’000 R’000 R’000 R’000 R’000 R’000

Sale of goods and services other than capital assets

96 98 (2) 133 90 43

Interest, dividends and rent on land 4 11 (7) 9 7 2

Financial transactions in assets and liabilities 207 176 31 83 64 19

Total 307 285 22 225 161 64

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12 IPID I ANNUAL REPORT I 2016/2017

Independent Police Investigative Directorate (IPID) is not a revenue focused Department. Its core mandate is investigation services;

a free service offered by Government, in line with section 206(6) of the Constitution. However, there is an insignificant amount of

revenue reported mainly on refunds to the Department other than sales of goods and services.

The main source of revenue as indicated in the above Departmental Receipts table are estimates on sales of tender documents

which depends on the number of bidders responding to a particular bid as well as any credit amount emanating from the

previous financial years’ but received in the year under review. Therefore, in the year under review the Department advertised two

bids and also received a skills development refund related to the previous financial year transaction.

• Programme Expenditure

Programme Name

2016/2017 2015/2016

Final Appropriation

Actual Expenditure

(Over)/ Under Expenditure

Final Appropriation

Actual Expenditure

(Over)/Under Expenditure

R’000 R’000 R’000 R’000 R’000 R’000

Administration 72 522 72 374 148 71 934 71 563 371

Investigation and Information Management

155 659 155 483 175 152 816 152 628 188

Legal Services 5 288 5 235 53 5 763 5 734 29

Compliance Monitoring and Stakeholder Management

8 642 8 638 4 4 268 4 232 35

Total 242 111 241 731 380 234 781 234 157 624

Programme 1: Administration

The overall expenditure incurred by Programme 1: Administration as at 31 March 2017 is 99.8%, excluding some of the unpaid

invoices for services rendered due to the depleted budget. The bulk of the spending in the Programme was mainly on the

centralised devolution budget for office accommodation, covering all Provincial Offices and other services such as Cleaning and

Security. The travel and accommodation expenditure was reduced due to the reprioritisation of budget and activities. However,

some of the performance targets could not be achieved as planned due to the management reprioritisation exercise. Some of the

activities were set aside to accommodate the core functions.

The Programme however, reflected a spending pressure in Computer Services and Communication due to the centralised

Information Communication Technology (ICT) related activities such as Data Lines, Mainframe Services, Internet Services, Software

Licences and 3G cards. Various internal control systems have been put in place to manage and control a significant expenditure

that has been previously reported on Information Communication Technology.

Programme 2: Investigation and Information Management

The overall spending for the core function Programme: Investigation and Information Management is 99.9%, excluding a

significant number of unpaid invoices which resulted in accruals. The Programme is accounting for a bulk of spending. The main

cost drivers are Compensation of Employees; overtime for after working hours investigations; travel and accommodation during

the consultations with witnesses, visiting of crime scenes and attendance of court on various cases.

Other operating costs include communication (3G cards) used during the online registration of cases outside offices, Data lines

and Software Licences, Fleet Services for vehicles which were mainly used by Investigators. Due to all the above mentioned

spending trend, the Goods and Services of this Programme has registered a substantial growth from the first quarter of the

year under review, hence some internal control measures such as Investigators’ Travel and Accommodation Strategy as well as

redistribution of limited resources were immediately implemented to manage the spending trends.

Whilst the Programme achieved some key performance targets, it must be noted that due to insufficient funds the limited

resources were rechanneled to high profile cases as well as on-going investigations. The reprioritisation of budget was conducted

mainly to accommodate core function.

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13IPID I ANNUAL REPORT I 2016/2017

Programme 3: Legal Services

The Programme`s overall spending is 99.0% of the allocated budget with the bulk of legal costs invoices not settled due to

unavailability of budget. For the year under review, the Department experienced a significant number of litigation cases which

resulted in unanticipated legal costs. The Programme has also experienced capacity constraints since some of the positions were

frozen due to the reduction of budget during the AENE adjustment period of the period under review. The Programme was unable

to achieve all planned performance targets due to the reduction of personnel. Lack of capacity in Legal Services Programme has

resulted in the Department outsourcing some of legal services that could have been provided by internal personnel.

Programme 4: Compliance Monitoring and Stakeholder Management

During the period under review, the spending in this Programme was at 100% excluding only a few unpaid invoices for services

rendered. Goods & Services has registered a significantly higher than the spending target as a result of the Programme’s operating

costs, which includes travelling and accommodation during the stakeholder engagements in support of various Provinces.

The planned performance targets of the Programme were affected by the reprioritisation of limited resources exercise. Some

performance indicators such as outreach events and station lectures were put on hold to accommodate the core functions.

The Programme has also experienced capacity constraints particularly on the functions that are facilitated by the Programme at

National Office and performed at the Provincial level.

• Virements

· The Department has in the year under review prepared and implemented two virement applications for a net amount

of R1, 017 million that were approved by the Executive Director in line with the Section 43 of the PFMA to defray excess

expenditure in core function Programme 2: Investigation and Information Management mainly to cover Transfers &

Subsidies and Payment for capital assets.

• Roll overs

· The Department did not apply for roll over in the year under review.

• Unauthorised Expenditure

· The Department did not incur unauthorised expenditure in the year under review. The reported amount in the

financial statements is made of prior years over expenditure by the then ICD`s Programme 3 and 2 in the financial year

2005/06 and 2008/09 respectively. The submission with the supporting documents requesting the authorisation of the

disclosed amount has since been submitted to National Treasury for their consideration and by the reporting date (31

March 2017) the approval for authorisation was not yet granted despite several follow-ups.

• Irregular Expenditure

· An amount of R2 565 000 was disclosed as previous financial years’ irregular expenditure on various cases that were not

yet finalised by the reporting date.

· The Department has in the year under review registered in the Irregular Expenditure Register and disclosed the

expenditure amounting to R451 000 for non-compliance with the Public Service Regulation. A preliminary investigation

was conducted on the reported case to determine the required action.

· Furthermore, during the audit process, the Auditor General raised a finding on long extension of various contracts

and non-compliance with legislation which resulted in an additional irregular expenditure of R18 516 000 including

prior years’ expenditure, dating back from 2006 through the conversion of ICD to IPID. Therefore the total disclosed as

irregular expenditure with prior years’ adjustment amounts to R21 532 000.

• Fruitless and Wasteful Expenditure

· The Department has in the year under review disclosed an amount of R3 234 000 in various payment transactions

mainly on reorganisation of staff and appointment of the Chief Director: Corporate Services on a contractual basis,

when the incumbent was on suspension. The identified expenditure was reported in the Department`s Fruitless &

Wasteful Expenditure Register for internal investigation to determine the cause as well as the required action.

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14 IPID I ANNUAL REPORT I 2016/2017

• Public Private Partnerships

· The Department did not enter into any Public Private Partnership (PPP) transaction before and in the year under review.

• Discontinued Activities / Activities to be Discontinued

· The Department operated within its IPID Act No: 1 of 2011 mandate and did not discontinue any of its functions as

outlined in the Act during the year under review.

• New or Proposed Activities

· Given the Constitutional Court judgment which provides for IPID’s structural independence, there will be a need for

the Department to review its organisational structure and processes after the legislative reforms have been effected to

the IPID Act in order to ensure that IPID functions effectively and efficiently. The Court emphasised the need to protect

the IPID from undue influence or political pressure by ensuring that appropriate mechanisms for accountability and

oversight are in place. This would include; among other things, security of tenure for the Executive Director through

Parliamentary oversight.

· The Court held that the public confidence in the IPID’s ability to fulfil its duties is important, and as a result in addition to

having actual independence, the Constitution also requires the IPID to be perceived as independent. The above ruling

of the Constitutional Court judgment will impact on IPID’s strategic direction and requires that legislative reforms take

place in order to give effect to the institutionalisation of IPID’s independence.

• Supply Chain Management

· List all unsolicited bid proposals concluded for the year under review

- During the year under review, the Department did not receive any unsolicited bid proposal.

· Indicate whether SCM processes and systems are in place to prevent irregular expenditure

- The establishment and implementation of the SCM Compliance Checklist for all procurements of Goods & Services

as well as a regular training for SCM practitioners by National Treasury on SCM Practice Notes.

• Challenges experienced in SCM and how they were resolved

· Staff turnover in the SCM Component due the salary level of positions had a negative impact on operations of the

component since the internal control systems cannot be sustained. Due to the capacity constraints, the Department

has identified weaknesses on contract management. This weakness has resulted in a significant disclosure of irregular

expenditure due to contract extensions without justifiable reasons.

· Although there are two Assistant Director positions at level 9; more SCM Practitioners with the demand, acquisition

and contract management knowledge are still required in order to ensure segregation of duties as well as regular

monitoring of contracts.

• Gifts and Donations received in kind from non-related parties

· During the year under review, the Department received a donation in kind from the Embassy of the United States of

America for training of Investigators to an amount of R26 000.00.

· Public Servants Association (PSA) also donated travelling bags to the Investigators during the Investigator Indaba to an

amount of R17 000.00. The information was also disclosed in annexure 1H of the Annual Financial Statements.

• Exemptions and Deviations received from the National Treasury

· In the year under review and also prior years, the Department did not request or receive an exemption or deviation

from National Treasury to deviate from the PFMA, TR or the financial reporting requirements.

• Events After the Reporting Date

· The Chief Financial Officer resigned with effect from 01 July 2017.

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15IPID I ANNUAL REPORT I 2016/2017

· The Chairperson of Compliance, Ethics and Risk Management Committee resigned with effect from 01 September

2017.

• Other

· The Department is not aware of any material fact or circumstances not addressed for the year under review, which may

have an effect on the understanding of the financial state of affairs.

• Acknowledgement/s or Appreciation

I would like to take this opportunity to thank all our internal and external stakeholders for their continuing trust and support in the

year under review, (2016/17). I also appreciate the commitment of our staff members, management and the political Principals for

their support, leadership and oversight role.

• Conclusion

· The Constitutional Court judgment not only affirmed the need for independence for the IPID as enshrined in the

Constitution; but also struck off unconstitutional provisions in the IPID Act and the Public Service Act (PSA). Such a

reality presents the IPID with an opportunity to amend the IPID Act in such a way that will ensure it is protected from

any political interference, no matter who the Executive Director or the Executive Authority is.

· The integrity of the criminal justice system was also tested during this period. We need to restore public trust in the

institutions of justice by acting lawfully without fear, favour or prejudice. It is through seeing our actions that the public

will again have faith and trust in the criminal justice system.

· We must all strive to uphold the rule of law and show our commitment to the ideals that our forebears fought and died

for, by always acting with due regard to the laws of our country and the Constitution, which all office bearers swore to

uphold. We should never find ourselves undermining Constitutionalism by being involved in unlawful actions.

Approval and sign off

The Annual Financial Statements set out on pages 100 to 144 have been approved by the Accounting Officer.

Mr RJ McBride

Accounting Officer

Independent Police Investigative Directorate

31 July 2017

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16 IPID I ANNUAL REPORT I 2016/2017

6. STATEMENT OF RESPONSIBILITY AND CONFIRMATION OF ACCURACY FOR THE ANNUAL REPORT

To the best of my knowledge and belief, I confirm the following:

All information and amounts disclosed throughout the annual report are consistent.

The annual report is complete, accurate and is free from any omissions.

The annual report has been prepared in accordance with the guidelines on the annual report as issued by National Treasury.

The Annual Financial Statements (Part E) have been prepared in accordance with the modified cash standard and the relevant

frameworks and guidelines issued by the National Treasury.

The Accounting Officer is responsible for the preparation of the annual financial statements and for the judgments made in this

information.

The Accounting Officer is responsible for establishing, and implementing a system of internal control that has been designed to

provide reasonable assurance as to the integrity and reliability of the performance information, the human resources information

and the annual financial statements.

The external auditors are engaged to express an independent opinion on the annual financial statements.

In my opinion, the annual report fairly reflects the operations, the performance information, the human resources information and

the financial affairs of the Department for the financial year ended 31 March 2017.

Yours faithfully

Accounting Officer

Name: Mr RJ McBride

31 July 2017

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17IPID I ANNUAL REPORT I 2016/2017

7. STRATEGIC OVERVIEW

7.1. Vision

An effective independent investigative oversight body that ensures policing that is committed to promoting respect for the rule

of law and human dignity.

7.2. Mission

To conduct independent, impartial and quality investigations of identified criminal offences allegedly committed by members of

the South African Police Services (SAPS) and Metro Police Services (MPS), and to make appropriate recommendations in line with

the IPID Act, whilst maintaining the highest standard of integrity and excellence.

7.3. Values

The IPID adheres to the highest standards of ethical behaviour through the continuous application of our values. The following

values are the core from which we operate and respond:

Independence and impartiality

Mutual respect and trust

Integrity and honesty

Transparency and openness

Equity and fairness

Courtesy and commitment

8. LEGISLATIVE AND OTHER MANDATES

The IPID is guided by the principles set out in Chapter 11 of the Constitution of the Republic of South Africa that govern national

security in the Republic. Section 198(a) of the Constitution provides that:

“National security must reflect the resolve of South Africans, as individuals and as a nation, to live as equals, to live in peace and harmony, to be free from fear and want to seek a better life.”

The core mandate of the Directorate contributes towards the realization of Outcome 3 as adopted by Cabinet in January 2010,

namely: All people in South Africa are and feel safe.

Section 206(6) of the Constitution of the Republic of South Africa makes provision for the establishment of an independent police

complaints body and stipulates that:

“On receipt of a complaint lodged by a provincial executive, an independent police complaints body established by national legislation must investigate any alleged misconduct of, or offence committed by, a member of the police services in the province.”

The IPID Act No. 1 of 2011 gives effect to the provision of section 206(6) of the Constitution, ensuring independent oversight of

the SAPS and Municipal Police Services. The IPID resides under the Ministry of Police and functions independently of the SAPS.

The objectives of the Act include, amongst others:

a. Align provincial and national strategic objectives to enhance the functioning of the Directorate;

b. Provide for independent and impartial investigation of identified criminal offences allegedly committed by members of the SAPS and the Municipal Police Services;

c. Make disciplinary recommendations to the SAPS resulting from investigations conducted by the Directorate;

d. Provide for close cooperation between the Directorate and the Secretariat; and

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18 IPID I ANNUAL REPORT I 2016/2017

e. Enhance accountability and transparency of the SAPS and the Municipal Police Services in accordance with the principles of the Constitution.

The IPID Act grants the Directorate an extended mandate which focuses on more serious and priority crimes committed by

members of the SAPS and the Municipal Police Services. It places stringent obligations on the SAPS and the MPS regarding

reporting matters that must be investigated by the IPID and the implementation of disciplinary recommendations.

In terms of section 28(1) of the Act, the Directorate is obliged to investigate:

a. Any deaths in police custody;

b. Deaths as a result of police actions;

c. Complaints relating to the discharge of an official firearm by any police officer;

d. Rape by a police officer, whether the police officer is on or off duty;

e. Rape of any person in police custody;

f. Any complaint of torture or assault against a police officer in the execution of his or her duties;

g. Corruption matters within the police initiated by the Executive Director, or after a complaint from a member of the public or referred to the Directorate by the Minister, a MEC or the Secretary for the Police Service;

h. Any other matter referred to the IPID as a result of a decision by the Executive Director or if so requested by the Minister, an MEC or the Secretary for the Police Service as the case may be;

Section 28(2) further provides that the Directorate may investigate matters relating to systemic corruption involving the police.

9. ORGANISATIONAL STRUCTURE

10. ENTITIES REPORTING TO THE MINISTER

The table below indicates the entities that report to the Minister

Name of Entity Legislative MandateFinancial

RelationshipNature of Operations

Independent Police Investigative Directorate

Independent Police Investigative Directorate Act, 2011 (Act No. 1 of 2011)

NoneTo investigate identified offences allegedly committed by members of the SAPS and MPS

South African Police ServiceSouth African Police Service Act, 1995 (Act No. 68 of 1995)

NoneTo create a safe and secure environment for all people in South Africa

Civilian Secretariat for PoliceCivilian Secretariat for Police Act, 2011 (Act No. 2 of 2011)

NoneTo provide support to the Minister in performing his duties

Private Security Industry Regulatory Authority (PSIRA)

Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001)

NoneTo provide for the regulation of the Private Security Industry

Minister of Police Parliament

Acting Chief Financial

Officer

9 x Provincial Heads

Chief Director: Legal

Services

Chief Director: Corporate

Service

Chief Director: Compliance

Monitoring & Stakeholder

Management

Chief Director: Investigation & Information Management

Executive Director

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19IPID I ANNUAL REPORT I 2016/2017

PART B: PERFORMANCE INFORMATION

PART B: PERFORMANCE INFORMATION

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20 IPID I ANNUAL REPORT I 2016/2017

1. AUDITOR GENERAL’S REPORT: PREDETERMINED OBJECTIVES

The AGSA currently performs certain audit procedures on the performance information to provide reasonable assurance in the

form of an audit conclusion. The audit conclusion on the performance against predetermined objectives is included in the report

to management, with material findings being reported under the predetermined objectives heading in the Report on other legal

and regulatory requirements section of the Auditor’s Report.

Refer to page 94 of the Report of the Auditor General, published as Part E: Financial Information.

2. OVERVIEW OF DEPARTMENTAL PERFORMANCE

2.1 Service Delivery Environment

In 1997, the Department of Public Service and Administration (DPSA) determined that the ideal human capacity for the then

Independent Complaints Directorate (ICD) should be 535 posts. Even though the IPID directly investigates considerably more cases

than its predecessor did, the human capacity is currently 418 posts. Due to budget cuts and ceilings put on the Compensation of

Employees, the staff establishment had to be reduced from 418 to 388. This had a direct impact on the Department’s performance

in fulfilling its mandate and also on provisions of the required services to the public. The Department’s management has been

continuously advocating and motivating for additional funding through the National Treasury, the Ministry and the Parliamentary

Committees.

The Department has nine (9) Provincial Offices and nine (9) District Offices. The geographical location of IPID offices makes it

difficult for citizens in rural or far-stretched areas to access IPID’s services. Due to the vast distances, in some instances it becomes a

challenge to respond swiftly to crime scenes and this also exhaust the greater part of the budget on travelling and accommodation.

IPID management developed the Expansion Strategy which was intended to address these challenges. The Strategy had received

support from various stakeholders; including the Portfolio Committee on Police (PCP), Select Committee on Safety and Security,

the Ministry of Police and the National Treasury. However, it was placed on hold due to elevated macro-economic climate in

the country. Furthermore, in order to ensure that the Department does not exceed the appropriated funds for the year under

review; management had to make difficult decisions on reprioritisation of activities and the remaining budget. The Executive

Management convened weekly meetings to monitor the implementation of the resolutions made.

2.2 Service Delivery Improvement Plan (SDIP)

Main Services and Standards

Main services Beneficiaries Current/actual standard of service Desired standard of service Actual achievement

Investigation Complainants / Victims 45% (Assault cases) 51% 53%

Batho Pele Arrangements with Beneficiaries (Consultation, Access, etc.)

Current/Actual Arrangements Desired Arrangements Actual Achievements

Community Awareness Campaigns Engage with communities through effective public education and awareness programmes to raise awareness about IPID

The Department conducted a total of 98 awareness campaigns across all nine provinces. Communication materials were distributed to the community members.

Service Delivery Information Tool

Current/Actual Information Tools Desired Information Tools Actual Achievements

Internal e-mail Intranet The IPID intranet became live during the year under review to minimise dissemination of information through the e-mail.

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21IPID I ANNUAL REPORT I 2016/2017

Complaints Mechanism

Current/actual Complaints Mechanism Desired Complaints Mechanism Actual Achievements

Office of the Executive Director None Majority of the complaints received from external stakeholders are received through the office of Executive Director and the National Anti-Corruption Hotline (NACH)

2.3 Organisational Environment

During the year under review the Executive Director returned to work in the third quarter from an unlawful suspension. The

Department also experienced organisational restructuring and transfer of officials across the National and Provincial Offices

without adequate consultation. This affected some of the senior managers, middle managers and junior staff officials. However,

subsequent to the return of the Executive Director on 19 October 2016, the decision was reversed to restore stability of the

Department; this also included the upliftment of suspension of four senior managers.

2.4 Key Policy Developments and Legislative Changes

As a result of the Constitutional Court judgment wherein the Court reinforced the independence of the IPID by indicating that

the Department should be structurally and operationally independent. Further that the independence of IPID should be even

greater than that of the Directorate for Priority Crime Investigation (DPCI) and that with such independence comes even greater

accountability. The IPID was given 24 months to amend the IPID Act.

It was ordered that certain sections from the SAPS Act which deal with the removal and disciplining of the head of the DPCI be

read into the IPID Act to cure the defects in regard to the removal and disciplining of the IPID Executive Director. In terms of the

judgment, certain provisions of the Public Service Act and its Regulations which relate to IPID Executive Director’s appointment,

removal and disciplining will no longer be applicable.

The process of the amendment has already commenced. The IPID legal team is working with the Civilian Secretariat for Police

Service (CSPS) legal team. The Office of State Law Advisor has also been brought on board in order to guide the whole process.

This process is expected to be finalized by end of August 2018.

3. STRATEGIC OUTCOME ORIENTED GOALS

Strategic Outcome-Oriented Goals Achievements

1The IPID is an effective independent oversight body

The Constitutional Court judgment of 06 September 2016 affirmed the need for independence of the IPID as enshrined in the Constitution of SA. This judgment afforded the IPID to amend the IPID Act to which will strengthen the Directorates independence and protection of unduly influence. The review of process of the Act commenced during the period under review.

2The IPID investigates cases effectively and efficiently

The NSIT was established to intensify the investigative capacity to focus on systemic corruption cases and other specialised investigations. A total of 73 investigators were trained on various investigation training programmes which will enhance quality investigation.

3The police service is responsive to IPID recommendations

Monthly meetings were convened between IPID and SAPS at both National and Provincial Offices to discuss recommendations referred, disciplinary actions initiated and the outcomes of disciplinary actions.

4 The IPID is accessible to the public

A total of 98 community outreach events were conducted at both national and provincial level to educate the community about IPID mandate and its services. The high profile cases including the court case regarding the independence of IPID received media coverage therefore profiling the Directorate across the country. The positive media coverage has resulted in an increased public trust of the Directorate.

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22 IPID I ANNUAL REPORT I 2016/2017

4. PERFORMANCE INFORMATION BY PROGRAMME

4.1 Programme 1: Administration

Purpose:

To provide strategic leadership, management and support services to the Directorate.

4.1.1 Departmental Management

This Sub-programme provides strategic leadership, overall management and strategic reporting to the Directorate and ensures

overall compliance with all relevant prescripts through the following Components:

Executive Support

This Component provides strategic support to the Executive Director of the IPID. It also provides administrative, logistical,

secretariat services and coordination of activities in the Office of the Executive Director.

Corporate Governance

This Component provides risk and ethics management services and ensures compliance with laws, regulations and other

prescripts.

Strategy and Performance Monitoring

This Component is responsible for implementing effective strategic planning, organisational performance monitoring and

reporting processes, in line with relevant legislations. It also ensures assessment of key management practices as a mechanism of

enhancing the ability of the Directorate to deliver on its core mandate.

Security Management

The Component provides Security Management Services by developing and supporting the implementation of security policies,

systems and procedures. It provides access security, information security and physical security and monitors the implementation

of information technology policies based on Minimum Information Security Standards, Minimum Physical Security Standards and

the Occupational Health and Safety Act.

4.1.2 Internal Audit

This Sub-programme provides assurance and consulting services by conducting risk based audit reviews and facilitating internal

forensic investigations.

4.1.3 Financial Services

This Sub-programme ensures the establishment and implementation of strategic finance pertaining to sound financial

management, accounting, procurement, provisioning and related internal controls in compliance with relevant legislative

requirements. The sub-programme consists of the following components:

Office of the Chief Financial Officer

The Office of the Chief Financial Officer provides strategic support to the Executive Director and core service delivery Pro grammes,

pertaining to finance services of the Directorate. The component provides effective leadership and ensures the establishment and

implementation of strategic finance, for the achievement of departmental objectives. This component provides leadership to the

Finance, Supply Chain Management (SCM) and Asset Management components. This component also provides strategic support

in the implementation of relevant IPID Act financial management imperatives.

Finance

This Component provides for the establishment and implementation of sound financial management, expenditure and budg-

etary management, accounting services, cash-flow management, financial reporting and related internal control systems,

in compliance with relevant legislative requirements. It also assist the IPID Executive Director in implementing the legislative

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23IPID I ANNUAL REPORT I 2016/2017

imperatives as provided for in section 7(1)(a), section 7(1)(b); section 31(1)(a) and section 32(2)(a) of the IPID Act. It provides critical

finance support to all service delivery units within the Directorate for the achievement of departmental objectives.

Supply Chain and Asset Management

This component provides for the establishment and implementation of provisioning, procurement, asset management and

related internal control systems, in compliance with relevant legislative requirements. It provides critical supply-chain and asset

management services to the Directorate and renders efficient provisioning services which contribute towards the attainment of

departmental objectives.

4.1.4 Corporate Services

This Sub-programme provides support services to the Directorate as a whole through the following components:

Human Resource Management and Development Services

This Component provides human resources management and development services through development of human re source

policies and strategies. It ensures the alignment of the organisational structure to the Strategic Plan. It is responsible for the

rendering efficient and effective human resource administration services. It promotes the optimal development and utilisation of

human resources and manages labour relations and co-ordinates the employee health and wellness pro gramme.

Information Communication Technology

This Component provides communication services by developing, implementing and maintaining Information Communi cation

Technology strategy and advisory services. It is responsible for development and implementation of a Master System Plan and

Strategy for Information System Security. It develops, manages and co-ordinates website, intranet and integrated ICT infrastructure.

It also provides Business Continuity services.

Auxiliary Services

This Component provides record management services, manage fleet services, render switchboard services, render messen ger

services and oversee the rendering of cleaning services. It also provides overall services related to activities and costs of office

accommodation for the Directorate as a whole. This includes managing Service Level Agreement with Department of Public

Works regarding the renting of new property and maintenance of existing property.

Vetting Services

This Component provides pre-employment screening as well as information gathering for existing employees in order to obtain

security clearance in line with the IPID Act.

1.1.5 Office Accommodation

This Sub-programme houses the devolved funds which are appropriated for office accommodation and related costs. The

management of IPID facilities is performed by the Auxiliary Services component.

Strategic Objectives, Performance Indicators, Planned Targets and Actual Achievements

Strategic Objectives:

Programme 1: Administration

Strategic objectives

Actual Achievement

2015/2016

Planned Target

2016/17

Actual Achievement

2016/2017

Deviation from planned target to

Actual Achievement for 2016/2017

Comment on deviations

A capable workforce

New indicator 150 106 44 The Department experienced severe financial constraints due to budget cuts; as a result the training programmes for the fourth quarter were deferred to the next financial year since the budget had to be re-prioritised.

Effective risk management

New indicator Level 3 Level 3 None None

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24 IPID I ANNUAL REPORT I 2016/2017

Performance Indicators

Programme 1: Administration

Performance Indicator

Actual Achievement

Planned Target

2016/2017

Actual Achievement

2016/2017

Deviation from planned

target to Actual

Achievement 2016/2017

Comment on deviations2013/

20142014/ 2015

2015/ 2016

Level of percentage vacancy rate per year

12% 18% 9.42% <10% 11% -1% Posts were put on hold due to budget cuts on compensation of employees from the 2017 MTEF budget allocation letter from National Treasury, with the ceiling on compensation of employees. As a result some of the vacant posts could not be filled in the year under review

% implementation of Annual Internal Audit Plan

New indicator

New indicator

New indicator

100% 70% -30% Some of the planned audits were not finalised due to budgetary constraints

Number of reviews of Organisational structure conducted per year

1 1 1 1 1 None Target achieved

Number of reports on implementation of risk management principles produced

New indicator

New indicator

New indicator

4 4 None Target achieved

Number of statistical reports on IPID performance produced

New indicator

New indicator

New indicator

4 0 -4 Performance reports were produced. However; the statistical analysis was not done using the SPSS software due to unavailability of funds to procure the software.

Strategy to Overcome Areas of Under Performance

• All vacant posts that are not frozen have been advertised and will be filled by the end of the 1st quarter of 2017/18 financial year.

• The majority of audits in the 2017/18 Internal Audit Annual Plan will comprise audits at National Office.

• The indicator for statistical analysis to be reviewed and adjusted in the 2017/18 APP. The report to be produced will not require the SPSS software.

Changes to Planned Targets

There were no changes to planned targets.

Linking Performance with Budgets

The overall expenditure incurred by Programme 1: Administration as at 31 March 2017 is 99.8%, excluding some of the unpaid

invoices for services rendered due to the depleted budget. The bulk of the spending in the Programme was mainly on the

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25IPID I ANNUAL REPORT I 2016/2017

centralised devolution budget for office accommodation covering all Provincial Offices and other services such as Cleaning and

Security. The travel and accommodation expenditure was reduced due to the reprioritisation of budget and activities. However,

some of the performance targets could not be achieved as planned due to the management reprioritisation exercise. Some of the

activities were set aside to accommodate the core functions.

The Programme however, reflected a spending pressure in Computer Services and Communication due to the centralised

Information Communication Technology (ICT) related activities such as Data Lines, Mainframe Services, Internet Services, Software

Licences and 3G cards. Various internal control systems have been put in place to manage and control a significant expenditure

that has been previously reported on Information Communication Technology.

Sub-programme Expenditure

Sub- Programme Name

2016/2017 2015/2016

Final Appropriation

Actual Expenditure

(Over)/Under Expenditure

Final Appropriation

Actual Expenditure

(Over)/Under Expenditure

R’000 R’000 R’000 R’000 R’000 R’000

Department Management

13,168 13,168 0 11 018 11 004 14

Corporate Services 27,402 27,369 33 30 283 29 927 356

Office Accommodation 11,207 11,207 - 10 634 10 634 _

Internal Audit 3,913 3,913 0 3 615 3 614 1

Finance Services 16,832 16,717 115 16 384 16 384 _

Total 72 522 72 374 148 71 934 71 563 371

5. Programme 2: Investigation and Information Management

Purpose

Coordinate and facilitate the directorate’s investigation processes, through the development of policy and strategic frameworks that

guide and report on investigations. The Programme will also enhance efficiency in case management and maintain relationships

with other state security agencies, such as the South African Police Service, the National Prosecuting Authority, Civilian Secretariat

for Police and community stakeholders, through on-going national and provincial engagement forums.

The Programme consists of the following sub-programmes:

5.1.1 Investigation Management

This sub-programme develops and maintains investigation systems, procedures, norms, standards and policies in line with the

IPID Act and other prescripts. The sub-programme also co-ordinates investigation activities, reports on investigation, develops

investigation policy and coordinates the implementation of provincial investigation standards.

This sub-programme also consists of the National Specialised Investigative Team. This unit provides a specialised function and it is

aimed at protecting the integrity and credibility of the IPID investigators and the reliability and quality of our investigations. It will

also provide for the safe guarding of investigations and the security of investigators.

5.1.2 Investigation Services

This Sub-programme manages and conducts investigations in line with provisions of the IPID Act, Regulations, Executive Director

Guidelines and Standard Operating Procedures.

5.1.3 Information Management

This Sub-programme manages information and knowledge-management services through the development and maintenance

of a case flow management system, a database, the analysis and compilation of statistical information. It also conducts trend

analysis based on available data and make recommendation to the SAPS.

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26 IPID I ANNUAL REPORT I 2016/2017

Strategic Objectives, Performance Indicators, Planned Targets and Actual Achievements

Strategic Objectives:

Programme 2: Investigation and Information Management

Strategic objectivesActual

Achievement 2015/2016

Planned Target 2016/2017

Actual Achievement

2016/2017

Deviation from planned target to

Actual Achievement for 2016/2017

Comment on deviations

Specialised investigative capacity established

New indicator 100 73 27 The Department experienced severe budgetary constraints due to budget cuts; as a result the training programmes for the fourth quarter were deferred to the next financial year since the budget had to be re-prioritised.

Percentage of all decision ready cases finalised

69% 60% 49% -11% Due to budgetary constraints which resulted in the reprioritisation of investigations

Performance Indicators

Programme 2: Investigation and Information Management

Performance Indicator

Actual AchievementPlanned Target

2016/2017

Actual Achievement

2016/2017

Deviation from planned

target to Actual Achievement

2016/2017

Comment on Deviations2013/

20142014/ 2015

2015/ 2016

Percentage of cases registered and allocated within 72 hours of receipt of written notification

87% 73% 92%

(5126)

91%

(4 992)

79%

(5 543)

-12% Due to capacity constraints at some of the District Offices as a result of frozen posts

Number of statistical reports generated as per section 9(n) of IPID Act

18 18 18 6 6 None Target achieved

Percentage of all decision ready investigations finalised

New indicator

New indicator

69%

(7407)

60%

(5433)

49%

(3 449)

-11% Due to budgetary constraints which resulted in the reprioritisation of investigations

Percentage of investigations of deaths in custody cases that are decision ready

50%

(168)

40%

(162)

69%

(229)

62%

(348)

46%

(140)

-16% Due to budget constraints and delays in obtaining technical reports from the Laboratory; toxicology, DNA, ballistic and forensic reports

Percentage of investigations of deaths as a result of police action cases that are decision ready

31%

(181)

22%

(164)

66%

(470)

52%

(436)

29%

(115)

-23% Due to budget constraints and delays in obtaining technical reports from the Laboratory; toxicology, DNA, ballistic and forensic reports

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27IPID I ANNUAL REPORT I 2016/2017

Programme 2: Investigation and Information Management

Performance Indicator

Actual AchievementPlanned Target

2016/2017

Actual Achievement

2016/2017

Deviation from planned

target to Actual Achievement

2016/2017

Comment on Deviations2013/

20142014/ 2015

2015/ 2016

Percentage of investigations of discharge of an official firearm cases by a police officer that are decision ready

24%

(186)

25%

(408)

62%

(959)

60%

(1320)

49%

(805)

-11% Investigations were prioritised as a result of budgetary constraints

Percentage of investigations of rape cases by a police officer that are decision ready

47%

(77)

36%

(67)

74%

(130)

65%

(160)

54%

(61)

-11% Due to budget constraints and delays in obtaining DNA reports from the Laboratory.

Percentage of investigations of rape cases while in police custody that are decision ready

33%

(9)

65%

(22)

89%

(25)

65%

(18)

25%

(5)

-40% Due to budget constraints and delays in obtaining DNA reports from the Laboratory.

Percentage of investigations of torture cases that are decision ready

8%

(8)

18%

(26)

54%

(124)

51%

(52)

36%

(63)

-15% Due to budget constraints and delays in obtaining technical reports from the Laboratory; skin biopsy and blood test reports.

Percentage of investigations of assault cases that are decision ready

26%

(1551)

20%

(1364)

72%

(5070)

51%

(4883)

53%

(2 040)

2% Investigations were prioritised as a result of budgetary constraints

Percentage investigations of corruption cases that are decision ready

19%

(30)

16%

(32)

57%

(130)

51%

(125)

41%

(66)

-10% Due to budget constraints and Due to complexity investigation that takes time to complete; e.g. applications for 205 and obtaining cellphone data,

Percentage of investigations of other criminal and misconduct matters referred to in section 28(1)(h) and 35 (1)(b) of the IPID Act that are decision ready

New indicator

12%

(47)

58%

(180)

51%

(151)

35%

(110)

-16% Investigations were prioritised as a result of budgetary constraints

Number of systemic corruption cases identified and referred for approval

12 3 11 9 6 -3 There were no systemic corruption cases that could be identified in some of the provinces

Number of approved systemic investigations that are decision ready

1 2 7 2 4 2 Investigations were prioritised as a result of budgetary constraints

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28 IPID I ANNUAL REPORT I 2016/2017

Programme 2: Investigation and Information Management

Performance Indicator

Actual AchievementPlanned Target

2016/2017

Actual Achievement

2016/2017

Deviation from planned

target to Actual Achievement

2016/2017

Comment on Deviations2013/

20142014/ 2015

2015/ 2016

Percentage reduction of backlog cases (excluding cases of systemic corruption)

52%

(from 3078 to 1475)

16%

(from 2853 to 2456)

68%

(from 2909 to

927)

50% 49%

(from 2499 to 1 214)

-1% Investigations were prioritised as a result of budgetary constraints

Percentage of criminal recommendation reports referred to the National Prosecuting Authority within 30 days of recommendation report being signed off

86%

(1264)

92%

(904)

84%

(808)

90%

(1264)

75%

(859)

-15% Due to capacity and budgetary constraints as a result of having to travel to District Courts to submit recommendations of assault cases, discharge of an official firearm cases and some of section 28.1(h) matters

Percentage of disciplinary recommendation reports referred to the South African Police Service and/or Municipal Police Services within 30 days of recommendation report being signed off

88%

(776)

87%

(877)

89%

(1 149)

90%

(707)

83%

(1026)

-7% Due to weaknesses in internal controls as a result of inadequate monitoring processes to ensure that approved recommendations are submitted to the stakeholder within set timeframes

Strategy to Overcome Areas of Under Performance

• Monthly monitoring of provincial performance and ensure that there are feedback sessions to report on attainment of targets.

• Continued engagement with the stakeholders (SAPS, NPA, and Department of Health) for a quick turnaround.

• Alignment of performance targets with the performance trends and confirmed resources.

Changes to Planned Targets

There were no changes to indicators and planned targets.

Linking Performance with Budgets

The overall spending for the core function Programme: Investigation and Information Management is 99.9%, excluding a

significant number of unpaid invoices which resulted in accruals. The Programme is accounting for a bulk of spending. The main

cost drivers are Compensation of Employees; overtime for after working hours investigations; travel and accommodation during

the consultations with witnesses, visiting of crime scenes and attendance of court on various cases.

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29IPID I ANNUAL REPORT I 2016/2017

Other operating costs include communication (3G cards) used during the online registration of cases outside offices, Data lines

and Software Licences, Fleet Services for vehicles which were mainly used by Investigators. Due to all the above mentioned

spending trend, the Goods and Services of this Programme has registered a substantial growth from the first quarter of the

year under review hence some internal control measures such as Investigators’ Travel and Accommodation Strategy as well as

redistribution of limited resources were immediately implemented to manage the spending trends.

Whilst the Programme achieved some key performance targets; it must be noted that due to insufficient funds, the limited

resources were rechanneled to high profile cases as well as on-going investigations. The reprioritisation of budget was conducted

mainly to accommodate core function.

Sub- Programme Name

2016/2017 2015/2016

Final Appropriation

Actual Expenditure

(Over)/Under Expenditure

Final Appropriation

Actual Expenditure

(Over)/Under Expenditure

R’000 R’000 R’000 R’000 R’000 R’000

Investigation Management

16 520 16 520 -11 037 10 920 117

Investigation Services 135 511 135 356 155 137 724 137 653 71

Information Management

3 627 3 607 20 4 055 4 055 _

Total 155 658 155 483 175 152 816 152 628 188

6. Programme 3: Legal Services

Purpose

To provide overall legal advice, guidance and support, manage the legal obligations and ensure Constitutional, Legislative as well

as Regulatory compliance by the Directorate. This Programme provides support to the Directorate as a whole and to investigators

in particular. The programme consists of the following sub-programmes:

6.1.1 Legal Support and Administration

The Programme oversees and manages the Directorate’s constitutional, legal and statutory obligations and compliance. It

also develops and maintains Legal Services systems, norms and standards that enable it to advice, guide and support all the

Programmes of the Directorate. The Programme oversees the implementation and management of the Legal Services’ strategic

objectives.

Litigation Advisory Services

The Sub-programme is responsible for the coordination and management of civil, labour and arbitration litigation matters. The

sub-programme also reviews the Directorate’s policies to ensure compliance with legislation and is a custodian of the Directorate’s

policies. The sub-programme further negotiates and drafts contracts, memoranda of understanding and service level agreements.

It further provides legal advice, guidance and support to the Directorate and also conducts legal training for investigators.

Investigation Advisory Services

The Sub-programme provides legal support during and after the completion of investigations. The sub-programme also provides

legal advice, guidance and support to investigators and ensures compliance with the law and the conferment of policing powers

to investigators.

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30 IPID I ANNUAL REPORT I 2016/2017

Strategic Objectives, Performance Indicators, Planned Targets and Actual Achievements

Strategic objectives:

Programme 3: Legal Services

Strategic objectivesActual

Achievement 2015/2016

Planned Target 2016/2017

Actual Achievement

2016/2017

Deviation from planned target to

Actual Achievement for 2016/2017

Comment on deviations

Provide investigation advisory services to investigators

75% 90% 100% 10% Target exceeded

Performance Indicators

Programme 3: Legal Services

Performance Indicator

Actual Achievement

Planned Target

2016/2017

Actual Achievement

2016/2017

Deviation from planned

target to Actual

Achievement 2016/2017

Comment on deviations2013/ 2014

2014/ 2015

2015/ 2016

Percentage of written legal opinions provided to the Directorate within 21 working days of request

66.6% 62% 80% 90% 71% -19% Due to capacity constraints (unlawful restructuring, disruptive transfers, vacancies and frozen posts)

Percentage of arbitration, civil and labour litigation matters attended

New indicator

100% 100% 100% 100% None Target achieved

Percentage of oral legal advice provided to investigators within 24 hours of request

30% 100% 100% 90% 100% 10% The target was exceeded.

The target is demand driven and few requests were received in the period under review

Percentage of written legal advice provided within 48 hours

30% 0% 60% 90% 100% 10% The target was exceeded.

The target is demand driven and few requests were received in the period under review

Percentage of applications for policing powers processed within 5 working days of request

100% 57% 84% 100% 100% None Target achieved

Percentage of policies reviewed for legal compliance within 21 working days of request

0% 0% 100% 90% 29% -61% Due to capacity constraints (unlawful restructuring, disruptive transfers, vacancies and frozen posts)

Number of practice notes and directives (bulletin) produced and issued per year

New indicator

New indicator

3 4 4 None Target achieved

Percentage of Promotion of Access to Information Act (PAIA) requests processed and finalised within 30 days

New indicator

63% 57% 100% 91% -9% 6 out of 66 requests were not finalised within 30 days due to late submission of information

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31IPID I ANNUAL REPORT I 2016/2017

Strategy to Overcome Areas of Under Performance

• The position of DD: Litigation has been advertised and is in the process of being filled. The positions that were previously frozen must be made available for filling and a case intends to be made for more posts to be created on the Legal Services structure.

• Improve processes through engagements with Provincial Management to expedite submission of requested information.

Changes to Planned Targets

There were no changes to indicators and planned targets.

Linking Performance with Budgets

The Programme’s overall spending is 99.0% of the allocated budget with the bulk of legal costs invoices not settled due to

unavailability of budget. For the year under review, the Directorate experienced a significant number of litigation cases which

resulted in unanticipated legal costs. The Programme has also experienced capacity constraints since some of the positions were

frozen due to the reduction of budget during the AENE adjustment period of the period under review. The Programme was unable

to achieve all planned performance targets due to the reduction of personnel. Lack of capacity in Legal Services Programme has

resulted in the Department outsourcing some of legal services that could have been provided by internal personnel.

Sub- Programme Name

2016/2017 2015/2016

Final Appropriation

Actual Expenditure

(Over)/Under Expenditure

Final Appropriation

Actual Expenditure

(Over)/Under Expenditure

R’000 R’000 R’000 R’000 R’000 R’000

Legal Support and Administration

1 854 1 835 19 1 754 1 753 1

Litigation Advisory Services

1 909 1 893 16 2 208 2 180 28

Investigation Advisory Services

1 525 1 507 18 1 801 1 801 _

Total 5 288 5 235 53 5 763 5 734 29

7. Programme 4: Compliance Monitoring and Stakeholder Management

Purpose

Safeguard the principles of cooperative governance and stakeholder relations. Monitor and evaluate the relevance and

appropriateness of recommendations made to the South African Police Service and Municipal Police Services in terms of the

Independent Police Investigative Directorate Act, 2011.

7.1.1 Compliance Monitoring

The Sub-programme monitors and evaluates the quality of recommendations made and responsiveness received from the South

African Police Service, Municipal Police Services and National Prosecuting Authority in compliance with the reporting obligations

in terms of the Act. It is also responsible for the integrity testing of IPID officials as provided for in Section 26 of the IPID Act.

7.1.2 Stakeholder Management

The Sub-programme manages relations and liaison with the Directorate’s key stakeholders, such as the South African Police

Service, Municipal Police Services, Civilian Secretariat for Police, National Prosecuting Authority, Public Protector of South Africa

and Civil Society Organisations in line with the requirements of the Act. It provides communication and marketing services;

coordinates and manages the distribution of information to stakeholders and promote public awareness on the IPID.

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32 IPID I ANNUAL REPORT I 2016/2017

Strategic Objectives, Performance Indicators, Planned Targets and Actual Achievements

Strategic Objectives:

Programme 4: Compliance Monitoring and Stakeholder Management

Strategic objectives

Actual Achievement

2015/2016

Planned Target 2016/2017

Actual Achievement

2016/2017

Deviation from planned target to

Actual Achievement for 2016/2017

Comment on deviations

Ensure an Integrated Communication and Stakeholder Engagement Strategy

New Indicator Approved Integrated Communication and Stakeholder Engagement Strategy

Draft Integrated Communication and Stakeholder Engagement Strategy done

Approval of Integrated Communication and Stakeholder Engagement Strategy

The consultation process with IPID management was delayed due to Management Committee (MANCO) meetings that were deferred to the next financial year as a result of budget constraints.

Performance Indicators

Programme 4: Compliance Monitoring and Stakeholder Management

Performance Indicator

Actual Achievement

Planned Target

2016/2017

Actual Achievement

2016/2017

Deviation from planned target

to Actual Achievement

2016/2017

Comment on deviations2013/2014 2014/2015 2015/2016

Number of community outreach events conducted per year

337 232 244 108 98 -10 Due to budgetary constraints this activity was put on hold and deferred to the next financial year

Number of media statements and responses issued (on matters that have a bearing on IPID) per year

- 395 197 40 245 205 Target exceeded due to high number of media enquiries received

Number of station lecture awareness training conducted per year

New Indicator

New Indicator

New Indicator

180 82 -98 Put on hold due to budgetary constraints

Number of formal engagements on National level held with key stakeholders (SAPS, MPS, NPA) per year

12 41 31 12 14 2 Target exceeded

Number of formal engagements conducted at Provincial level with key stakeholders (SAPS, MPS, NPA) per year

118 146 111 144 120 -24 Due to various reasons, including unavailability of stakeholders

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33IPID I ANNUAL REPORT I 2016/2017

Strategy to Overcome Areas of Under Performance

• The indicator for station lectures was discontinued as it was not in line with Department’s mandate

• Strengthen monitoring of Provincial performance on implementation of their stakeholder and community outreach plans on a monthly basis

Changes to Planned Targets

There were no changes to indicators and planned targets.

Linking Performance with Budgets

During the period under review, the spending in this Programme was at 100% excluding only a few unpaid invoices for services

rendered. Goods & Services has registered a significantly higher than the spending target as a result of the Programme’s operating

costs, including travelling and accommodation during the stakeholder engagements in support of various Provinces. The planned

performance targets of the Programme were affected by the reprioritisation of limited resources exercise. Some performance

indicators such as outreach events and station lectures were put on hold to accommodate the core functions. The Programme

has also experienced capacity constraints particularly on the functions that are facilitated by the Programme at National Office

and performed at the Provincial level.

Sub-Programme Expenditure

Sub- Programme Name

2016/2017 2015/2016

Final Appropriation

Actual Expenditure

(Over)/Under Expenditure

Final Appropriation

Actual Expenditure

(Over)/Under Expenditure

R’000 R’000 R’000 R’000 R’000 R’000

Compliance Monitoring

4 144 4 140 4 4 122 4 115 7

Stakeholder Management

4 499 4 499 - 146 117 29

Total 8 642 8 638 4 4 268 4 232 36

8. TRANSFER PAYMENTS

There were no transfer payments made during the period under review.

9. CONDITIONAL GRANTS

Not applicable to the Department.

10. DONOR FUNDS

Not applicable to the Department.

11. CAPITAL INVESTMENT

Not applicable to the Department.

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34 IPID I ANNUAL REPORT I 2016/2017

STATISTICAL REPORT

STATISTICAL REPORT

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35IPID I ANNUAL REPORT I 2016/2017

1. INTRODUCTION

The purpose of this Report is to outline the investigative activities of the Independent Police Investigative Directorate for the

2016/2017 financial year. The report details the number and type of cases investigated; the recommendations made as well as the

outcome of those recommendations, in accordance with Section 9(n) of the IPID Act. This report seeks to present a factual analysis

of cases reported in terms of Section 28 of the IPID Act and the recommendations made to address the same.

2. THE MANDATE OF THE IPID IN RESPECT OF INVESTIGATIONS AND RECOMMENDATIONS

In terms of Section 28(1) of the IPID Act, Act 1 of 2011, the IPID is obligated to investigate the following matters:

a. any deaths in police custody;

b. deaths as a result of police actions;

c. any complaint relating to the discharge of an official firearm by any police officer;

d. rape by a police officer, whether the police officer is on or off duty;

e. rape of any person while that person is in police custody;

f. any complaint of torture or assault against a police officer in the execution of his or her duties;

g. corruption matters within the police initiated by the Executive Director on his or her own, or after the receipt of a complaint from a member of the public, or referred to the Directorate by the Minister, an MEC or the Secretary, as the case may be; and

h. any other matter referred to it as a result of a decision by the Executive Director, or if so requested by the Minister, an MEC or the Secretary as the case may be, in the prescribed manner.

In terms of Section 28(2) of the IPID Act 1 of 2011, the IPID may investigate matters relating to systemic corruption involving the

police.

In addition to the above provision of the IPID Act 1 of 2011, Section 29 of the Act places an obligation on members of the

South African Police Service (SAPS) and Municipal Police Service (MPS), to report all matters referred to in Section 28(1) (a) to (f )

to the IPID immediately upon becoming aware of such a matter and within 24 hours, forward the said report in writing to the

IPID. After investigation the IPID makes appropriate recommendations to the SAPS/MPS which in turn must initiate disciplinary

proceedings in compliance with Section 30 of the Act. The SAPS is required in terms of Section 30 to report to the Minister of

Police on the recommendations forwarded to it by the IPID. The IPID is further required in terms of Section 7 of the Act to refer

recommendations to the Director of Public Prosecutions (DPP) and report to the Minister of Police on such recommendations and

the outcome thereof.

3. SECTION A: CASE INTAKE IN TERMS OF THE IPID MANDATE

The following is a statistical breakdown of the cases the Directorate received, the recommendations made and the outcome of

cases investigated during the period under review.

A total of 7 014 cases were reported to the IPID during the reporting period. The majority of the cases reported are within Section

28(1) (a) to (h). Of these, 3 827 were assault cases, 1640 were cases of complaints related to the discharge of an official firearm(s),

394 were cases of deaths as a result of police action and followed by 302 cases of death in police custody.

Table 1(a) below depicts the total number of the cases reported in the period under review:

Table 1(a): Intake for the Period Under Review Incident(s)

Section 28(1)(a)-deaths in police custody 302

Section 28(1)(b)-deaths as a result of police action 394

Section 28(1)(c)-complaint of the discharge of official firearm(s) 1 640

Section 28(1)(d)-rape by police officer 112

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36 IPID I ANNUAL REPORT I 2016/2017

Table 1(a): Intake for the Period Under Review Incident(s)

Section 28(1)(e)-rape in police custody 20

Section 28(1)(f )-torture 173

Section 28(1)(f )-assault 3 827

Section 28(1)(g)-corruption 160

Section 28(1)(h)-other criminal matter 169

Section 28(1)(h)-misconduct 149

Section 28(2)-systemic corruption 6

Non-compliance with Section 29 of IPID Act 62

Total 7 014*

*These numbers refer to cases against both the SAPS and MPS

Table 1(b) shows an increase in the number of cases reported when comparing with the previous financial year 2015/2016. IPID

has experienced an overall increase of 27% compared to the 2015/2016 year intake. The increase was noted in most categories

except in rape in police custody cases (13%) and systemic corruption cases which decreased by 13% and 45% respectively. Rape

in police custody shows neither an increase nor decrease compared to the previous financial year 2015/2016.

Table 1(b): Intake Comparisons 2015/2016 2016/2017 Percentage Changes

Section 28(1)(a)-deaths in police custody 216 302 40%

Section 28(1)(b)-deaths as a result of police action 366 394 8%

Section 28(1)(c)-complaint of the discharge of an official firearm(s) 865 1 640 90%

Section 28(1)(d)-rape by police officer 112 112 0%

Section 28(1)(e)-rape in police custody 23 20 -13%

Section 28(1)(f )-torture 145 173 19%

Section 28(1)(f )-assault 3 509 3 827 9%

Section 28(1)(g)-corruption 112 160 43%

Section 28(1)(h)-other criminal matter 88 169 92%

Section 28(1)(h)-misconduct 31 149 381%

Section 28(2)-systemic corruption 11 6 -45%

Non-compliance with Section 29 of IPID Act 41 62 51%

Total 5 519 7 014 27%

The IPID was investigating 6 880 cases which involved SAPS members and 119 cases involving MPS members on various criminal

offences. The remaining 15 cases reported to the IPID involved civilians held in police custody committing further offences of rape

against other inmates.

Table 1(c): Intake for the Period Under Review SAPS MPS Civilians

Section 28(1)(a)-deaths in police custody 302 0 0

Section 28(1)(b)-deaths as a result of police action 379 15 0

Section 28(1)(c)-complaint of the discharge of an official firearm(s) 1 585 55 0

Section 28(1)(d)-rape by police officer 109 3 0

Section 28(1)(e)-rape in police custody 5 0 15

Section 28(1)(f )-torture 171 2 0

Section 28(1)(f )-assault 3 789 38 0

Section 28(1)(g)-corruption 154 6 0

Section 28(1)(h)-other criminal matter 169 0 0

Section 28(1)(h)-misconduct 149 0 0

Section 28(2)-systemic corruption 6 0 0

Non-compliance with Section 29 of IPID Act 62 0 0

Total 6 880 119 15

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37IPID I ANNUAL REPORT I 2016/2017

Figure 1 below indicates that the majority of cases reported to the IPID were against SAPS members with 98% and 2% from the

MPS members.

Figure 1

SAPS and MPS Percentage

MPS 2%

SAPS 98%

Figure 2 below shows the percentage of cases reported as per Section 28 and 33 of the IPID Act. Most cases reported were related

to allegations of assault, followed by complaints of discharge of an official firearm, death as a result of police action and death in

police custody. This means that the majority or resources were spent on investigating assault cases.

Figure 2

Intake Percentage

Non-compliance with Section 29 of IPID ActSection 28(2)-systemic corruption

Section 28(1)(h)-misconductSection 28(1)(h)-other criminal matter

Section 28(1)(g)-corruptionSection 28(1)(f )-assaultSection 28(1)(f )-torture

Section 28(1)(e)-rape in police custodySection 28(1)(d)-rape by police officer

Section 28(1)(c)-complaint of the discharge of...Section 28(1)(b)-deaths as a result of police...

Section 28(1)(a)-deaths in police custody

0% 10% 20%

1%

2%

6%4%

23%

55%

0%

0%

2%

2%

3%

2%

30% 40% 50% 60%

Table 2 below indicates the breakdown received cases as per provinces per classification:

• Assault with a total of 3 827 cases and were mostly reported in the Western Cape with 911 cases, Free State with 585 cases, KwaZulu- Natal with 501 cases, Gauteng with 456 cases and Eastern Cape with 445.

• Complaints related to the discharge of an official firearm(s) with 1 640 cases in total and were reported mostly Western Cape with 385, Gauteng with 332 cases, KwaZulu-Natal with 314 cases and Eastern Cape with 271 cases.

• Death as a result of police action with 394 cases in total and were reported mostly in Gauteng with 115 cases, KwaZulu-Natal with 110 cases and Eastern Cape 67 cases.

• Death in police custody with 302 cases in total and were reported mostly KwaZulu-Natal with 74 cases, Gauteng with 48 cases, Free State with 47 cases and Eastern Cape with 36 cases.

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38 IPID I ANNUAL REPORT I 2016/2017

Table 2: Intake per Province and per Category - 2016/17

Province Dea

ths

in p

olic

e Cu

stod

y

Dea

ths

as a

re

sult

of p

olic

e ac

tion

Dis

char

ge o

f offi

cial

fire

arm

(s)

Rape

by

polic

e offi

cial

s

Rape

in p

olic

e cu

stod

y

Tort

ure

Ass

ault

Corr

uptio

n

Oth

er c

rim

inal

m

atte

rs/

mis

cond

uct

Syst

emic

co

rrup

tion

Non

-com

plia

nce

with

IPID

Act

Tota

l

Eastern Cape 36 67 271 13 0 16 445 25 25 1 21 920

Free State 47 17 109 13 2 25 585 13 64 2 8 885

Gauteng 48 115 332 26 1 19 456 26 111 1 3 1 138

KwaZulu-Natal 74 110 314 16 3 80 501 80 46 1 3 1 228

Limpopo 25 15 68 2 1 4 233 3 8 0 6 365

Mpumalanga 28 22 67 9 6 19 189 5 25 1 1 372

North West 21 13 60 6 0 8 268 6 18 0 4 404

Northern Cape 3 10 34 7 1 1 239 1 14 0 9 319

Western Cape 20 25 385 20 6 1 911 1 7 0 7 1 383

Total 302 394 1 640 112 20 173 3 827 160 318 6 62 7 014

3.1. INTAKE AS PER SECTION 28(1)(a) AND (b) – DEATHS IN POLICE CUSTODY AND DEATHS AS A RESULT OF POLICE ACTION

Table 3(a) below shows the number of incidents of death in police custody and death as a result of police action reported per

province for the period under review as well as percentage contribution. It is evident that deaths as a result of police action have

contributed more to the total amount of incidents of death. Gauteng is the largest recipient with 115 (29%) cases, followed by

KwaZulu-Natal with 110 (28%) cases and Eastern Cape with 67 (17%) cases related to deaths as a result of police action cases.

Table 3 (a): Incidents of Deaths in Police Custody and as a Result of Police Action

ProvinceIncidents of deaths in police

custodyIncidents of deaths as a result of

police actionTotal incidents

Eastern Cape 36 12% 67 17% 103 15%

Free State 47 16% 17 4% 64 9%

Gauteng 48 16% 115 29% 163 23%

KwaZulu-Natal 74 24% 110 28% 184 26%

Limpopo 25 8% 15 4% 40 6%

Mpumalanga 28 9% 22 6% 50 7%

North West 21 7% 13 3% 34 5%

Northern Cape 3 1% 10 3% 13 2%

Western Cape 20 7% 25 6% 45 7%

Total 302 100% 394 100% 696 100%

Table 3(b) below compares the number of incidents of death in police custody reported during the period under review to the

same period in the previous financial year 2015/2016. Most provinces experienced an increase of deaths in police custody except

Northern Cape and Western Cape which experienced a decrease of 40% and 26% respectively. IPID nationally experience an

increase of 40%.

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39IPID I ANNUAL REPORT I 2016/2017

Table 3(b): Deaths in Police Custody

Province 2015/2016 2016/2017 Percentage Changes

Eastern Cape 29 36 24%

Free State 17 47 176%

Gauteng 44 48 9%

KwaZulu-Natal 37 74 100%

Limpopo 21 25 19%

Mpumalanga 27 28 4%

North West 9 21 133%

Northern Cape 5 3 -40%

Western Cape 27 20 -26%

Total 216 302 40%

Table 3(c) below compares the number of incidents of death as a result of police action reported during the period under review

to the same period in the previous financial year. Most provinces experienced an increase in cases related to deaths as a result of

police action except Limpopo, Mpumalanga, North West and Western Cape.

Table 3(c): Deaths as a Result of police action

Province 2015/2016 2016/2017 Percentage Changes

Eastern Cape 40 67 68%

Free State 11 17 55%

Gauteng 97 115 19%

KwaZulu-Natal 98 110 12%

Limpopo 18 15 -17%

Mpumalanga 42 22 -48%

North West 16 13 -19%

Northern Cape 5 10 100%

Western Cape 39 25 -36%

Total 366 394 8%

Reported Deaths Falling Outside IPID’S Mandate

It was established that 61 cases do not fall within IPID mandate and 23 cases are still undergoing preliminary investigation to

determine whether they fall within the IPID mandate.

Figure 3 below shows the percentage reported of death related cases, deaths in police custody contributed 43% while deaths as

a result of police action contributed 57%.

Figure 3

Section 28 (1) (a) and (b)

Death as a result of police action

57%

Death in police custody

43%

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40 IPID I ANNUAL REPORT I 2016/2017

Incidents of death as a result of police action might have more than one victim like incidents of business robbery and hijacked

vehicles. Table 4 shows the total number of incidents of deaths as a result of police action and the number of deceased per

province for the period under review.

Table 4: Comparison of deaths as a result of police action - Incidents and the number of deceased

Province

Incidents of death Number of deceased

2015/2016 2016/2017 2015/2016 2016/2017

Eastern Cape 40 67 42 85

Free State 11 17 14 18

Gauteng 97 115 107 123

KwaZulu-Natal 98 110 113 139

Limpopo 18 15 18 15

Mpumalanga 42 22 42 30

North West 16 13 16 15

Northern Cape 5 10 5 13

Western Cape 39 25 43 29

Total 366 394 400 467

Table 5(a) show the circumstances which resulted to deaths in police custody for the period under review. Most deaths in police

custody can be attributed to natural causes with a number of 101 cases, followed by suicide with 89 cases and injuries sustained

prior to custody (Vigilantism) with 56 cases.

Table 5(a): Intake per circumstances - Deaths in custody Incident(s)

Injuries sustained in custody (Inmates) 13

Assaulted 12

Suffocation 1

Injuries sustained prior to custody (Civilian) 6

Assaulted 4

Shot with service firearm 1

Shot with private firearm 1

Injuries sustained prior to custody (crime related) 17

Assaulted 3

Burning 1

Shot with service firearm 7

Shot with private firearm 3

Suspects in vehicle collision, while being pursued by police 3

Injuries sustained prior to custody (SAPS) 8

Assaulted 2

Suffocation 1

Shot with service firearm 5

Injuries sustained prior to custody (Vigilantism) 56

Assaulted 56

Natural Causes 101

Natural Causes 101

Suicide 89

Suicide (hanging) 89

Injuries sustained prior to custody (Suicide) 8

Suicide (accidental suicide or other) 6

Suicide (Shooting) 2

Injuries sustained in custody (Escape) 1

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41IPID I ANNUAL REPORT I 2016/2017

Table 5(a): Intake per circumstances - Deaths in custody Incident(s)

Shot with service firearm 1

Injuries sustained in custody (suicide) 3

Suicide (Accidental suicide or other) 1

Burning 1

Poisoning 1

Total 302

Table 5(b) below shows the extent of incidents of suicide in police custody per province. An analysis of suicide by hanging

revealed that most incidents were reported in KwaZulu-Natal with 32 incidents, followed by Gauteng with 14 incidents and Free

State with 13 incidents.

Of the 89 incidents, 4 females were committed suicides and the remaining 85 incidents involved males who committed suicide

and were arrested for various crime.

Table 5(b): Suicide-hanging

Province Suicide (Hanging) Percentages

Eastern Cape 10 11%

Free State 13 14%

Gauteng 14 16%

KwaZulu-Natal 32 36%

Limpopo 2 2%

Mpumalanga 5 6%

North West 5 6%

Northern Cape 1 1%

Western Cape 7 8%

Total 89 100%

A comparison of suicide by hanging was done comparing the previous financial year 2015/2016 report with the period under

review. Five provinces namely KwaZulu-Natal, North West, Free State, Limpopo and Eastern Cape have experienced an increase in

the number of victims who committed suicide while in police custody. However, Western Cape, Northern Cape, Mpumalanga and

Gauteng experienced a decrease in number of suicide by hanging as indicated in table 5(c).

Table 5(c): Suicide (Hanging)Province 2015/2016 2016/2017 Percentage changeEastern Cape 6 10 67%

Free State 6 13 117%

Gauteng 15 14 -7%

KwaZulu-Natal 8 32 300%

Limpopo 1 2 100%

Mpumalanga 6 5 -17%

North West 2 5 150%

Northern Cape 2 1 -50%

Western Cape 20 7 -65%

Total 66 89 35%

Table 5(d) shows the items used to commit suicide whilst in police custody. The IPID notes with concern that material such as

clothing and blankets were the main items used to commit suicides. Other items used include rope, shoelaces, belts, strings and

tracksuit lace.

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42 IPID I ANNUAL REPORT I 2016/2017

Table 5(d): Instrument used to commit Suicide ( Suicide hanging) Instrument(s) Incident(s)Belt(s) 6

Blanket 27

Clothing 38

Electrical cord 1

Rope 5

Shoelace(s) 4

String from hoed 1

String from blanket 3

Strip of the mattress 1

Tracksuit lace 2

Zip of jacket 1

Total 89

Table 6 below shows the circumstances in which deaths as a result of police action occurred during the period under review.

The analysis of circumstances surrounding the deaths as a result of police action reveals that most deaths occurred during police

operations which include response to a crime, arrest, deaths associated with domestic violence and negligent handling of official

vehicles.

Table 6: Intake per Circumstances - Deaths as a Result of Police Action Incident(s)

A suspect died during the course of a crime 132

Assaulted 2

Shot with private firearm 2

Shot with service firearm 125

Suicide (Shooting) 2

Suspects in vehicle collision, while being pursued by police 1

A suspect died during the course of an escape 10

Shot with service firearm 10

A suspect died during the course of an investigation 19

Assaulted 3

Shot with service firearm 15

Suffocated 1

A suspect died during the course of arrest 117

Assaulted 9

Shot with private firearm 1

Shot with service firearm 105

Suicide (Shooting) 1

Suspects in vehicle collision, while being pursued by police 1

An innocent bystander died during commission of a crime 11

Shot with service firearm 10

Struck by police official (pedestrian accident) 1

An innocent bystander died during the cause of an escape 4

Shot with service firearm 4

Crowd Management incidents 5

Shot with service firearm 5

Domestic Violence deaths 37

Assaulted 2

Suicide (Shooting) 8

Shot with service firearm 25

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43IPID I ANNUAL REPORT I 2016/2017

Table 6: Intake per Circumstances - Deaths as a Result of Police Action Incident(s)

Shot with private firearm 2

Negligent handling of a firearm leading to death(s) 11

Suicide (Shooting) 2

Shot with service firearm 9

Negligent handling of private vehicle leading to death(s) 3

Struck by police official (pedestrian accident) 3

Negligent handling of an official vehicle leading to death(s) 29

Struck by police official (pedestrian accident) 21

Vehicle collision while in police operated vehicle 8

Private capacity deaths 16

Assaulted 2

Shot with service firearm 13

Suicide (Shooting) 1

Total 394

Table 7 below shows places where the deaths occurred. Most deaths occurred at the crime scene (332), , followed by (195) deaths

occurred in hospital/clinic and (149) deaths occurred in police cells.

Table 7: Places Where Deaths Occurred

Places Incident(s)

Ambulance 6

Court Cell 6

Crime Scene 332

Hospital/Clinic 195

Police Cells 149

Police Vehicle 8

Total 696

3.2. INTAKE AS PER SECTION 28(1)(c) – COMPLAINTS RELATING TO THE DISCHARGE OFAN OFFICIAL FIREARM(S)

The total number and the percentages of cases reported in relation to cases of a complaint of discharge of an official firearm

per province are depicted in Table 8 (a) below. Most of incidents were reported in Western Cape with 385 incidents, followed by

Gauteng with 332 incidents and KwaZulu-Natal with 314 incidents.

Table 8 (a): Complaints of a Discharge of an Official Firearm(s)

Province Incident(s) Percentages

Eastern Cape 271 17%

Free State 109 7%

Gauteng 332 20%

KwaZulu-Natal 314 19%

Limpopo 68 4%

Mpumalanga 67 4%

North West 60 4%

Northern Cape 34 2%

Western Cape 385 23%

Total 1 640 100%

A further analysis of complaints relating to the discharge of an official firearm(s) was done. A comparison was made between

the previous financial year 2015/2016 and the period under review. Most provinces experienced an increase except Limpopo and

Mpumalanga and the IPID experienced an increase of 90% nationally.

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44 IPID I ANNUAL REPORT I 2016/2017

Table 8 (b): Complaints of a Discharge of an Official Firearm(s)

Province 2015/2016 2016/2017 Percentages

Eastern Cape 192 271 41%

Free State 91 109 20%

Gauteng 92 332 261%

KwaZulu-Natal 127 314 147%

Limpopo 91 68 -25%

Mpumalanga 87 67 -23%

North West 39 60 54%

Northern Cape 30 34 13%

Western Cape 116 385 232%

Total 865 1 640 90%

3.3. INTAKE AS PER SECTION 28(1)(d) – RAPE BY POLICE OFFICER(S)

Table 9 (a) below shows the reported incidents of rape by the police officer(s), whilst on or off duty, per province. Most incidents

reported happened whilst member(s) were off duty, Gauteng reported 19 incidents, followed by KwaZulu-Natal with 14 incidents

and Western Cape with 13 incidents.

Table 9(a): Rape by Police Officer(s)

Province On duty Off duty Incident(s)

Eastern Cape 5 8 13

Free State 7 6 13

Gauteng 7 19 26

KwaZulu-Natal 2 14 16

Limpopo 0 2 2

Mpumalanga 4 5 9

North West 1 5 6

Northern Cape 2 5 7

Western Cape 7 13 20

Total 35 77 112

A comparison of rape by police officer(s) was done between the previous year 2015/2016 and the period under review. An

increase was noted in four provinces namely, Mpumalanga (200%), Western Cape (33%), Northern Cape (17%) and Gauteng (13%),

whilst three provinces experienced a decrease namely, Limpopo (60%), KwaZulu-Natal (30%) and North West (14%).

Table 9(b): Rape by Police Officer(s)

Province 2015/2016 2016/2017 Percentages

Eastern Cape 17 13 -24%

Free State 13 13 0%

Gauteng 23 26 13%

KwaZulu-Natal 23 16 -30%

Limpopo 5 2 -60%

Mpumalanga 3 9 200%

North West 7 6 -14%

Northern Cape 6 7 17%

Western Cape 15 20 33%

Total 112 112 0%

Figure 4 below shows the percentage cases reported of rape by police officer(s). Rape while off duty contributed 69% while rape

on duty contributed 31%.

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45IPID I ANNUAL REPORT I 2016/2017

Figure 4

Rape by police officer

Rape off duty 69% Rape on duty

31%

A further analysis of rape by police officer(s) on duty was done. A comparison was made between the previous financial year

2015/2016 and the period under review. There was a decrease of rape by police officer(s) while on duty when comparing the two

financial years.

Table 9 (c): Rape by Police Officer(s) – on duty

Province 2015/2016 2016/2017 Percentages

Eastern Cape 10 5 -50%

Free State 7 7 0%

Gauteng 10 7 -30%

KwaZulu-Natal 11 2 -82%

Limpopo 1 0 -100%

Mpumalanga 3 4 33%

North West 1 1 0%

Northern Cape 3 2 -33%

Western Cape 5 7 40%

Total 51 35 -31%

Also further analysis of rape by police officer(s) off duty was done. There was an increase of 26% of such incidents.

Table 9 (d): Rape by Police Officer(s) – off dutyProvince 2015/2016 2016/2017 PercentagesEastern Cape 7 8 14%

Free State 6 6 0%

Gauteng 13 19 46%

KwaZulu-Natal 12 14 17%

Limpopo 4 2 -50%

Mpumalanga 0 5 100%

North West 6 5 -17%

Northern Cape 3 5 67%

Western Cape 10 13 30%

Total 61 77 26%

3.4. INTAKE AS PER SECTION 28(1)(e) – RAPE IN POLICE CUSTODY

Table 10(a) below shows the incidents of rape while in police custody. A total of 15 incidents reported were committed by

civilian(s) who were committing further crime while in police custody and most incidents were reported in Western Cape and

Mpumalanga with each 4 incidents. It was noted six (6) females where raped and fourteen (14) males where raped while in police

custody.

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46 IPID I ANNUAL REPORT I 2016/2017

Table 10(a): Rape in Police CustodyProvince Civilians Police Officer(s) Incident(s)Eastern Cape 0 0 0

Free State 2 0 2

Gauteng 1 0 1

KwaZulu-Natal 2 1 3

Limpopo 1 0 1

Mpumalanga 4 2 6

North West 0 0 0

Northern Cape 1 0 1

Western Cape 4 2 6

Total 15 5 20

A further analysis of rape in police custody has been done by comparing the previous financial year 2015/2016 and the current

financial year. It is note that there is a decrease of rape in police custody when comparing the two financial years.

Table 10(b): Rape in Police Custody

Province 2015/2016 2016/2017 Percentages

Eastern Cape 1 0 -100%

Free State 0 2 100%

Gauteng 4 1 -75%

KwaZulu-Natal 0 3 100%

Limpopo 7 1 -86%

Mpumalanga 2 6 200%

North West 1 0 -100%

Northern Cape 0 1 100%

Western Cape 8 6 -25%

Total 23 20 -13%

3.5. INTAKE AS PER SECTION 28(1)(f) – TORTURE / ASSAULT

Table 11(a) below shows the total number and the percentage of cases reported in relation to torture and assault per province.

The highest number of such cases reported was in Western Cape with 912 cases, followed by Free State with 610 cases and

KwaZulu- Natal with 581 cases.

Table 11(a): Torture or assault

Province Torture Assault Total Percentages

Eastern Cape 16 445 461 12%

Free State 25 585 610 15%

Gauteng 19 456 475 12%

KwaZulu-Natal 80 501 581 14%

Limpopo 4 233 237 6%

Mpumalanga 19 189 208 5%

North West 8 268 276 7%

Northern Cape 1 239 240 6%

Western Cape 1 911 912 23%

Total 173 3 827 4 000 100%

A comparison of torture cases was done between the previous financial year 2015/2016 and the period under review. An overall

increase of 19% was noted.

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47IPID I ANNUAL REPORT I 2016/2017

Table 11(b): Torture

Province 2015/2016 2016/2017 Percentages

Eastern Cape 14 16 14%

Free State 14 25 79%

Gauteng 18 19 6%

KwaZulu-Natal 31 80 158%

Limpopo 9 4 -56%

Mpumalanga 53 19 -64%

North West 4 8 100%

Northern Cape 0 1 100%

Western Cape 2 1 -50%

Total 145 173 19%

A further comparison of assault cases was done between the previous financial year 2015/2016 and the period under review. An

overall increase of 9% was noted as indicated on table 11(c) below.

Table 11(c): Assault

Province 2015/2016 2016/2017 Percentages

Eastern Cape 321 445 39%

Free State 546 585 7%

Gauteng 436 456 5%

KwaZulu-Natal 426 501 18%

Limpopo 227 233 3%

Mpumalanga 242 189 -22%

North West 248 268 8%

Northern Cape 192 239 24%

Western Cape 871 911 5%

Total 3 509 3 827 9%

A breakdown of assault cases and torture was done according to their description. The highest number of cases was assault

common with 3 259 incidents, followed by assault with intent to do grievous bodily harm (GBH) with 506 incidents and torture

with 173 incidents.

Table 11(d): Torture and Assault

Description Incident(s) Percentages

Assault - common 3259 82%

Assault - crowd management 42 1%

Assault - dog attack 3 0%

Assault - indecent 12 0%

Assault – sexual 5 0%

Assault – torture 173 4%

Assault - with intent to do grievous bodily harm (GBH) 506 13%

Total 4 000 100%

*Percentages rounded off to the nearest decimal

3.6. INTAKE AS PER SECTION 28(1)(g) – CORRUPTION

Table 12(a) below shows the total number of corruption cases reported against members of SAPS and MPS per province. A total

of 160 cases were reported which comprises of 154 cases against SAPS members and 6 cases against MPS members. Most of such

cases were reported in KwaZulu-Natal with 75 cases (47%), Gauteng with 31 cases (19%) and Eastern Cape with 25 cases (15%).

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48 IPID I ANNUAL REPORT I 2016/2017

Table 12(a): Corruption

Province SAPS MPS Total cases Percentages

Eastern Cape 25 0 25 15%

Free State 13 0 13 8%

Gauteng 29 2 31 19%

KwaZulu-Natal 71 4 75 47%

Limpopo 3 0 3 2%

Mpumalanga 5 0 5 3%

North West 6 0 6 4%

Northern Cape 1 0 1 1%

Western Cape 1 0 1 1%

Total 154 6 160 100%

A comparison of corruption cases for the previous financial year 2015/2016 and the period under review was done. An increase of

43% was noted as per table 12(b) below.

Table 12(b): Corruption

Province 2015/2016 2016/2017 Percentages

Eastern Cape 9 25 178%

Free State 12 13 8%

Gauteng 35 31 -11%

KwaZulu-Natal 26 75 188%

Limpopo 0 3 100%

Mpumalanga 11 5 -55%

North West 17 6 -65%

Northern Cape 0 1 100%

Western Cape 2 1 -50%

Total 112 160 43%

Table 12(c) depicts the number and the percentages of corruption per description. The analysis of cases reported indicates that

the highest number of cases was extortion or soliciting bribes (69%), followed by sale, theft and/or destruction of police dockets

(11%) and sale, theft of exhibits (9%).

Table 12(c): CorruptionDescription Incident(s) PercentagesCorruption - Abuse of informers` fees 12 8%

Corruption - Aiding escape from custody 2 1%

Corruption - Extortion or soliciting a bribe 110 69%

Corruption - Issuing of fraudulent documents 3 2%

Corruption - Sale, theft and/or destruction of police dockets 18 11%

Corruption - Sale, theft of exhibits 15 9%

Total 160 100%

3.7. INTAKE AS PER SECTION 28(1)(h) – OTHER CRIMINAL MATTERS AND MISCONDUCT

Other criminal matters and misconduct are matters that were referred to IPID by the Minister, MEC or Civilian Secretary for Police.

They include matters where the Executive Director decides to investigate or by exercising his/her decision to investigate after

being requested to do so by the SAPS or any other person having regard to the seriousness of the offence or misconduct.

Misconduct cases were investigated after IPID was satisfied that SAPS intervention at Provincial or National level did not satisfy the

complainant and there were grounds to intervene in the interest of justice.

It is important to note that while Section 206(6) of the Constitution enjoins the IPID to investigate cases of misconduct and

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49IPID I ANNUAL REPORT I 2016/2017

criminal offences, Section 28(1) (h) of the IPID Act enables the IPID to investigate all criminal matters and misconduct cases not

provided for in Section 28(1)(a)-(g).

The IPID recorded a total of 318 incidents in respect of other criminal offenses, ranging from attempted murder, defeating the

ends of justice and fraud to mention only a few. Table 13(a) shows the total number and the percentage of cases reported of other

criminal matters per province. The largest recipient of such cases was Gauteng with 111 cases (35%), followed by Free State with

64 cases (20%) and KwaZulu- Natal with 46 cases (14%).

Table 13(a): Other Criminal Matters and MisconductProvince Incident(s) PercentagesEastern Cape 25 8%

Free State 64 20%

Gauteng 111 35%

KwaZulu-Natal 46 14%

Limpopo 8 3%

Mpumalanga 25 8%

North West 18 6%

Northern Cape 14 4%

Western Cape 7 2%

Total 318 100%

A comparison of other criminal matter and misconduct cases for the previous financial year 2015/2016 and the period under

review was done. An increase of 167% was noted.

Table 13(b): Other Criminal Matters and MisconductProvince 2015/2016 2016/2017 PercentagesEastern Cape 2 25 1150%

Free State 6 64 967%

Gauteng 46 111 141%

KwaZulu-Natal 21 46 119%

Limpopo 3 8 167%

Mpumalanga 10 25 150%

North West 11 18 64%

Northern Cape 5 14 180%

Western Cape 15 7 -53%

Total 119 318 167%

Table 13(c) below indicates the total number and the percentage of cases reported in respect of other criminal matters per

description. The breakdown of other criminal matters and misconduct per type of offence was done. Most cases reported were

misconduct related complaints with 76 cases , followed by service delivery with 73 cases, 52 cases of defeating the ends of justice

and 23 cases of attempted murder.

Table 13(c): Other Criminal Matters and MisconductDescription Incident(s) PercentagesAttempted murder 23 7%

Crimen Injuria 7 2%

Defeating the ends of justice 52 16%

Drug related offences 3 1%

Drunken driving* 1 0%

Fraud 11 4%

Harassment 7 2%

Intimidation 21 7%

Kidnapping 3 1%

Malicious injury to property 4 1%

Misconduct referred 76 24%

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50 IPID I ANNUAL REPORT I 2016/2017

Table 13(c): Other Criminal Matters and MisconductDescription Incident(s) PercentagesPointing of firearm 5 2%

Perjury* 1 0%

Receiving stolen property 2 1%

Reckless driving 3 1%

Robbery 10 3%

Service delivery complaint* 73 23%

Theft 16 5%

Total 318 100%

*Percentages rounded off to the nearest decimal

3.8. INTAKE AS PER SECTION 28(2) – SYSTEMIC CORRUPTION

Section 28(2) of the IPID Act prescribes that the Directorate may investigate matters relating to systemic corruption involving the

SAPS/MPS. A total of 6 matters were identified and approved during the period under review.

Table 14: Systemic Corruption Involving the PoliceProvince Incident(s) PercentagesEastern Cape 1 17%

Free State 2 33%

Gauteng 1 17%

KwaZulu-Natal 1 17%

Limpopo 0 0%

Mpumalanga 1 17%

North West 0 0%

Northern Cape 0 0%

Western Cape 0 0%

Total 6 100%

3.9. INTAKE AS PER SECTION 33(1) (5) NON-COMPLIANCE WITH SECTION 29 OF THE IPID ACT

According to Section 29 of the Act, members of the SAPS and MPS should immediately notify the Directorate of any matters

referred to in Section 28 (1) (a)-(f ). They should, within 24 hours submit a written report to the Directorate and must provide their

full cooperation in terms of the investigation, which includes, but is not limited to, arrangement of identification parades, availing

members for affidavits and any other information required. The total number and percentages of cases opened by IPID in respect

of non-compliance with the IPID Act per province is depicted in Table 15(a) below. The highest number of non-compliance cases

were recorded in the Eastern Cape with 21 cases (34%), followed by Northern Cape with 9 cases(14%) and Free State with 8 cases

(13%).

Table 15(a): Non-compliance with Section 29 of the IPID Act

Province Incident(s) Percentages

Eastern Cape 21 34%

Free State 8 13%

Gauteng 3 5%

KwaZulu-Natal 3 5%

Limpopo 6 10%

Mpumalanga 1 2%

North West 4 6%

Northern Cape 9 14%

Western Cape 7 11%

Total 62 100%

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51IPID I ANNUAL REPORT I 2016/2017

A comparison of incidents of non-compliance with section 29 of the IPID Act for the previous financial year 2015/2016 and the

period under review was done. An increase of 51% was noted.

Table 15(b): Non-compliance with Section 29 of the IPID Act

Province 2015/2016 2016/2017 Percentages

Eastern Cape 2 21 950%

Free State 12 8 -33%

Gauteng 4 3 -25%

KwaZulu-Natal 5 3 -40%

Limpopo 3 6 100%

Mpumalanga 6 1 -83%

North West 2 4 100%

Northern Cape 4 9 125%

Western Cape 3 7 133%

Total 41 62 51%

4. THE NUMBER OF CASES REPORTED

Table 16(a) shows the total cases reported and the percentages of cases reported by the respective provinces. A total of 7 014

cases were reported by the IPID during period under review. It can be observed that Western Cape reported the highest number

of cases, followed by KwaZulu-Natal and Gauteng.

Table 16(a): Total and Percentages Reported

Province Incident(s) Percentages

Eastern Cape 920 13%

Free State 885 13%

Gauteng 1 138 16%

KwaZulu-Natal 1 228 17%

Limpopo 365 5%

Mpumalanga 372 5%

North West 404 6%

Northern Cape 319 5%

Western Cape 1 383 20%

Total 7 014 100%

A further analysis was done comparing the previous financial year 2015/2016 with the period under review. Most provinces

experienced an increase except Limpopo and Mpumalanga that experienced a decrease. Overall the IPID experienced an increase

of 27%.

Table16(b): Percentage Change of Intake on the Period of ReviewProvinces 2015/16 2016/17 Percentage changesEastern Cape 628 920 46%

Free State 724 885 22%

Gauteng 800 1 138 42%

KwaZulu-Natal 794 1 228 55%

Limpopo 386 365 -5%

Mpumalanga 484 372 -23%

North West 355 404 14%

Northern Cape 249 319 28%

Western Cape 1 099 1 383 26%

Total 5 519 7 014 27%

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52 IPID I ANNUAL REPORT I 2016/2017

5. ALLOCATED CASES PER PROVINCE

The Directorate’s target for registration and allocation of cases is 91% within 72 hours; which is measured from the time a case is

received by the Directorate until such time that it is allocated to an individual case worker for investigation. Table 17(a) shows the

total number of cases that were allocated within 72 hours, by the respective provinces. IPID reported a total of 7 014 cases during

the period under review and managed to allocate 5 543 cases within 72 hours. An allocation rate of 79% was therefore achieved.

Table 17(a): Allocated Cases Within 72 hours

Province Dea

ths

in

polic

e Cu

stod

y

Dea

ths

as a

re

sult

of p

olic

e ac

tion

Dis

char

ge

of o

ffici

al

firea

rm(s

)

Rape

by

polic

e offi

cial

s

Rape

in p

olic

e cu

stod

y

Tort

ure

Ass

ault

Corr

uptio

n

Oth

er c

rim

inal

m

atte

rs/

mis

cond

uct

Syst

emic

co

rrup

tion

Non

-co

mpl

ianc

e w

ith IP

ID A

ct

Tota

l

Eastern Cape 22 39 163 10 0 12 313 18 15 0 8 600Free State 34 14 81 11 1 23 471 12 51 0 5 703Gauteng 35 86 280 23 1 16 342 19 80 1 2 885KwaZulu-Natal 64 94 276 14 3 68 442 64 38 0 2 1 065Limpopo 21 13 63 2 1 4 211 3 8 0 4 330Mpumalanga 23 22 64 9 5 18 178 5 24 0 1 349North West 16 7 44 5 0 7 233 5 13 0 3 333Northern Cape 3 7 31 4 1 1 201 1 9 0 7 265Western Cape 17 22 294 15 5 1 649 0 6 0 4 1 013Total 235 304 1 296 93 17 150 3 040 127 244 1 36 5 543

All cases received are allocated to respective case workers. Table 17 shows the total number of cases that were not allocated

within 72 hours, by the respective provinces. A total of 1 471 cases reported were not allocated within 72 hours.

Table 17(b): Allocated Cases After 72 hours

Province Dea

ths

in

polic

e Cu

stod

y

Dea

ths

as a

re

sult

of p

olic

e ac

tion

Dis

char

ge

of o

ffici

al

firea

rm(s

)

Rape

by

polic

e offi

cial

s

Rape

in p

olic

e cu

stod

y

Tort

ure

Ass

ault

Corr

uptio

n

Oth

er c

rim

inal

m

atte

rs/

mis

cond

uct

Syst

emic

co

rrup

tion

Non

-co

mpl

ianc

e w

ith IP

ID A

ct

Tota

l

Eastern Cape 14 28 108 3 0 4 132 7 10 1 13 320

Free State 13 3 28 2 1 2 114 1 13 2 3 182Gauteng 13 29 52 3 0 3 114 7 31 0 1 253KwaZulu-Natal 10 16 38 2 0 12 59 16 8 1 1 163Limpopo 4 2 5 0 0 0 22 0 0 0 2 35Mpumalanga 5 0 3 0 1 1 11 0 1 1 0 23North West 5 6 16 1 0 1 35 1 5 0 1 71Northern Cape 0 3 3 3 0 0 38 0 5 0 2 54Western Cape 3 3 91 5 1 0 262 1 1 0 3 370Total 67 90 344 19 3 22 787 32 74 5 26 1 471

6. DECISION READY CASES

Table 18 below shows the total number of workload and percentage of decision ready cases per provinces. It can be observed that

Northern Cape has completed 73% of their active workload, followed by Free State with 70%, North West and Western Cape each

with 65%. The IPID nationally achieved an overall completion rate of 49% in the period under review.

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53IPID I ANNUAL REPORT I 2016/2017

Table 18: Percentages Of Decision Ready Cases by the Provinces

Provinces Total workload Total decision ready cases Percentages of decision ready cases

Eastern Cape 920 495 54%

Free State 885 617 70%

Gauteng 1 138 107 9%

KwaZulu-Natal 1 228 520 42%

Limpopo 365 162 44%

Mpumalanga 372 148 40%

North West 404 262 65%

Northern Cape 319 234 73%

Western Cape 1 383 904 65%

Total 7 014 3 449 49%

Table 19 below shows the number of decision ready cases per provinces per category during the period under review. The highest

category of decision ready cases was in respect of alleged assault (2 040) followed by complaints relating to discharge of an official

firearm (805) and deaths in police custody (140).

Table 19: Classification of Decision Ready Cases

Provinces Dea

ths

in p

olic

e cu

stod

y

Dea

ths

as a

resu

lt of

pol

ice

actio

n

Dis

char

ge o

f an

offici

al fi

rear

m(s

)

Rape

by

a po

lice

office

r

Rape

in p

olic

e cu

stod

y

Tort

ure

Ass

ault

Corr

uptio

n

Syst

emat

ic

Corr

uptio

n

Non

-com

plia

nce

with

IPID

Act

Any

oth

er m

atte

rs

refe

rred

and

m

isco

nduc

t

Total

Eastern Cape 30 28 180 5 0 3 209 7 0 16 17 495

Free State 27 11 59 8 0 18 429 8 0 6 51 617

Gauteng 2 3 18 11 0 0 67 0 0 0 6 107

KwaZulu-Natal 45 31 158 8 2 20 195 43 1 1 16 520

Limpopo 3 2 16 2 0 3 131 0 0 3 2 162

Mpumalanga 0 11 3 4 0 12 112 4 0 1 1 148

North West 20 6 36 4 0 6 177 3 0 2 8 262

Northern Cape 0 6 1 5 0 1 204 0 0 8 9 234

Western Cape 13 17 334 14 3 0 516 1 0 6 0 904

Total 140 115 805 61 5 63 2 040 66 1 43 110 3 449

Table 20 below shows the number of intake per provinces per category during the period under review. The highest category

of intake was in respect of alleged assault (3 827) followed by complaints relating to discharge of an official firearm (1 640) and

deaths as a result of police action (394).

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54 IPID I ANNUAL REPORT I 2016/2017

Table 20: Classification of Intake Cases

Provinces Dea

ths

in p

olic

e cu

stod

y

Dea

ths

as a

resu

lt of

po

lice

actio

n

Dis

char

ge o

f an

offici

al fi

rear

m(s

)

Rape

by

a po

lice

office

r

Rape

in p

olic

e cu

stod

y

Tort

ure

Ass

ault

Corr

uptio

n

Syst

emat

ic

Corr

uptio

n

Non

-com

plia

nce

with

IPID

Act

Any

oth

er m

atte

rs

refe

rred

and

m

isco

nduc

t

Total

Eastern Cape 36 67 271 13 0 16 445 25 1 21 25 920

Free State 47 17 109 13 2 25 585 13 2 8 64 885

Gauteng 48 115 332 26 1 19 456 26 1 3 111 1 138

KwaZulu-Natal 74 110 314 16 3 80 501 80 1 3 46 1 228

Limpopo 25 15 68 2 1 4 233 3 0 6 8 365

Mpumalanga 28 22 67 9 6 19 189 5 1 1 25 372

North West 21 13 60 6 0 8 268 6 0 4 18 404

Northern Cape 3 10 34 7 1 1 239 1 0 9 14 319

Western Cape 20 25 385 20 6 1 911 1 0 7 7 1 383

Total 302 394 1 640 112 20 173 3 827 160 6 62 318 7 014

6.1 DECISION READY OF DEATHS IN POLICE CUSTODY AND AS A RESULT OF POLICE ACTION

Table 21 (a) below shows the received cases of death in police custody and the number of completed cases per province. IPID

completed a total of 140 out of 302 cases during the period under review, which equates to 46%.

Table 21: (a) Deaths in Police Custody

Province Received cases Total decision ready Percentages

Eastern Cape 36 30 83%

Free State 47 27 57%

Gauteng 48 2 4%

KwaZulu-Natal 74 45 61%

Limpopo 25 3 12%

Mpumalanga 28 0 0%

North West 21 20 95%

Northern Cape 3 0 0%

Western Cape 20 13 65%

Total 302 140 46%

Table 21 (b) below shows the received cases of death as a result of police action and the number of completed cases per province.

IPID completed a total of 115 out of 394 cases during the period under review, which equates to 29%.

Table 21 (b): Deaths as A Result of Police Action

Province Received cases Total decision ready Percentages

Eastern Cape 67 28 42%

Free State 17 11 65%

Gauteng 115 3 3%

KwaZulu-Natal 110 31 28%

Limpopo 15 2 13%

Mpumalanga 22 11 50%

North West 13 6 46%

Northern Cape 10 6 60%

Western Cape 25 17 68%

Total 394 115 29%

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55IPID I ANNUAL REPORT I 2016/2017

6.2 DECISION READY CASES SECTION 28(1) (c) - (g) OF IPID ACT

Table 22 (a) below shows the received cases relating to complaints of discharge of an official firearm(s) and the number of

completed cases per province. IPID completed a total of 805 out of 1 640 cases during the period under review, which equates

to 49%.

Table 22(a): Complaints of Discharge of an Official Firearm(s)

Province Received cases Total decision ready Percentages

Eastern Cape 271 180 66%

Free State 109 59 54%

Gauteng 332 18 5%

KwaZulu-Natal 314 158 50%

Limpopo 68 16 24%

Mpumalanga 67 3 4%

North West 60 36 60%

Northern Cape 34 1 3%

Western Cape 385 334 87%

Total 1 640 805 49%

Table 22 (b) below shows the received cases of rape by police officer and the number of completed cases per province. IPID

completed a total of 61 out of 112 cases during the period under review, which equates to 54%.

Table 22(b): Rape by Police Officer

Province Received cases Total decision ready Percentages

Eastern Cape 13 5 38%

Free State 13 8 62%

Gauteng 26 11 42%

KwaZulu-Natal 16 8 50%

Limpopo 2 2 100%

Mpumalanga 9 4 44%

North West 6 4 67%

Northern Cape 7 5 71%

Western Cape 20 14 70%

Total 112 61 54%

Table 22 (c) below shows the received cases of rape in police custody and the number of completed cases per province. IPID

completed a total of 5 out of 20 cases during the period under review, which equates to 25%.

Table 22(c): Rape in Police Custody

Province Received cases Total decision ready Percentages

Eastern Cape 0 0 -

Free State 2 0 0%

Gauteng 1 0 0%

KwaZulu-Natal 3 2 67%

Limpopo 1 0 0%

Mpumalanga 6 0 0%

North West 0 0 -

Northern Cape 1 0 0%

Western Cape 6 3 50%

Total 20 5 25%

Table 22 (d) below shows the received cases of torture and the number of completed cases per province. IPID completed a total

of 63 out of 173 cases during the period under review, which equates to 36%.

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56 IPID I ANNUAL REPORT I 2016/2017

Table 22(d): Torture

Province Received cases Total decision ready Percentages

Eastern Cape 16 3 19%

Free State 25 18 72%

Gauteng 19 0 0%

KwaZulu-Natal 80 20 25%

Limpopo 4 3 75%

Mpumalanga 19 12 63%

North West 8 6 75%

Northern Cape 1 1 100%

Western Cape 1 0 0%

Total 173 63 36%

Table 22 (e) below shows the received cases of assault and the number of completed cases per province. IPID completed a total

of 2 040 out of 3 827 cases during the period under review, which equates to 53%.

Table 22(e): Assault

Province Received cases Total decision ready Percentages

Eastern Cape 445 209 47%

Free State 585 429 73%

Gauteng 456 67 15%

KwaZulu-Natal 501 195 39%

Limpopo 233 131 56%

Mpumalanga 189 112 59%

North West 268 177 66%

Northern Cape 239 204 85%

Western Cape 911 516 57%

Total 3 827 2 040 53%

Table 22 (f ) below shows the received cases of corruption and the number of completed cases per province. IPID completed a

total of 66 out of 160 cases during the period under review, which equates to 41%.

Table 22(f): Corruption

Province Received cases Total decision ready Percentages

Eastern Cape 25 7 28%

Free State 13 8 62%

Gauteng 26 0 0%

KwaZulu-Natal 80 43 54%

Limpopo 3 0 0%

Mpumalanga 5 4 80%

North West 6 3 50%

Northern Cape 1 0 0%

Western Cape 1 1 100%

Total 160 66 41%

Table 22 (g) below shows the received cases of other criminal matter and misconduct and the number of completed cases per

province. IPID completed a total of 110 out of 318 cases during the period under review, which equates to 35%.

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57IPID I ANNUAL REPORT I 2016/2017

Table 22(g): Other Criminal Matters and Misconduct, Section 28(1)(h)

Province Received cases Total decision ready Percentages

Eastern Cape 25 17 68%

Free State 64 51 80%

Gauteng 111 6 5%

KwaZulu-Natal 46 16 35%

Limpopo 8 2 25%

Mpumalanga 25 1 4%

North West 18 8 44%

Northern Cape 14 9 64%

Western Cape 7 0 0%

Total 318 110 35%

Table 22 (h) below shows the received cases of Non-compliance with the IPID Act and the number of completed cases per

province. IPID completed a total of 43 out of 62 cases during the period under review, which equates to 69%.

Table 22(h): Non-compliance with the IPID Act (Section 33)

Province Received cases Total decision ready Percentages

Eastern Cape 21 16 76%

Free State 8 6 75%

Gauteng 3 0 0%

KwaZulu-Natal 3 1 33%

Limpopo 6 3 50%

Mpumalanga 1 1 100%

North West 4 2 50%

Northern Cape 9 8 89%

Western Cape 7 6 86%

Total 62 43 69%

Table 22(i) below shows the number of backlog cases and the number of completed cases per province. IPID completed a total of

1 214 out of 2 499 cases during the period under review, which equates to 49%.

Table 22(i): Backlog Decision Ready Cases

Provinces Backlog number Backlog decision ready cases Percentages

Eastern Cape 175 159 91%

Free State 57 53 93%

Gauteng 461 80 17%

KwaZulu-Natal 547 212 39%

Limpopo 70 51 77%

Mpumalanga 257 157 61%

North West 43 8 19%

Northern Cape 8 4 50%

Western Cape 881 487 55%

Total 2 499 1214 49%

Page 59: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

58 IPID I ANNUAL REPORT I 2016/2017

7. ATTENDANCE OF CRIME SCENES AND POST MORTEMS

Table 23 shows both the total number of crime scenes attended and not attended within 24 hours per province. Nationally, IPID

attended 54% of the crime scenes within 24 hours of those being reported. The IPID has a responsibility to attend scenes of crime

(where possible or practical) as well as post mortems. During the period under review IPID was unable to attended 323 crime

scenes. It should be noted that in some instances victims passed away in hospital, as a result crime scenes could not be attended.

Table 23: Death Scenes Attended and Not Attended

Number of scene attended

Number of scene not attended

Totals

ProvincesDeaths in custody

Deaths as a result

of police action

Deaths in custody

Deaths as a result

of police action

Scenes attended

Scenes not attended Grand total

Percentages of scenes attended

Eastern Cape 20 54 16 13 74 29 103 72%

Free State 47 17 0 0 64 0 64 100%

Gauteng 15 54 33 61 69 94 163 42%

KwaZulu-Natal 22 47 52 63 69 115 184 38%

Limpopo 18 14 7 1 32 8 40 80%

Mpumalanga 8 8 20 14 16 34 50 32%

North West 6 5 15 8 11 23 34 32%

Northern Cape 3 8 0 2 11 2 13 85%

Western Cape 11 16 9 9 27 18 45 60%

Total 150 223 152 171 373 323 696 54%

Table 24 shows the total number of post mortems attended and the total number of post mortems not attended per province.

Nationally the IPID attended 52% of the post mortems. It should be noted that the difference in number can be attributed to the

fact that in some scene could have multiple victims.

Table 24: Post Mortems Attended and Not AttendedNumber of

post-mortems attendedNumber of post-

mortems not attendedTotals

ProvincesDeaths in custody

Deaths as a result

Deaths in custody

Deaths as a result

Total attended

Total not attended Grand total

Percentages of post

mortems attended

Eastern Cape 28 61 8 24 89 32 121 74%

Free State 42 16 5 2 58 7 65 89%

Gauteng 16 39 32 84 55 116 171 32%

KwaZulu-Natal 18 42 56 97 60 153 213 28%

Limpopo 22 15 3 0 37 3 40 93%

Mpumalanga 16 23 12 7 39 19 58 67%

North West 9 11 12 4 20 16 36 56%

Northern Cape 1 13 2 0 14 2 16 88%

Western Cape 11 15 9 14 26 23 49 53%

Total 163 235 139 232 398 371 769 52%

Table 25 indicates the total numbers of 60 criminal scenes were attended which comprises of 49 scenes related to complaint of a

discharge of official firearm(s), 8 scenes of rape by police office and 3 scenes of rape in police custody.

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59IPID I ANNUAL REPORT I 2016/2017

Table 25: Criminal Scenes Attended

Province

Complaint of a

discharge of an

official firearm(s)

Rape by police office

Rape in police

custodyTorture Assault Corruption

Systematic Corruption

Other criminal offence

Total

Eastern Cape 45 3 0 0 0 0 0 0 48

Free State 0 0 0 0 0 0 0 0 0

Gauteng 1 0 0 0 0 0 0 0 1

KwaZulu-Natal 2 1 1 0 0 0 0 0 4

Limpopo 0 0 0 0 0 0 0 0 0

Mpumalanga 0 4 2 0 0 0 0 0 6

North West 1 0 0 0 0 0 0 0 1

Northern Cape 0 0 0 0 0 0 0 0 0

Western Cape 0 0 0 0 0 0 0 0 0

Total 49 8 3 0 0 0 0 0 60

8. CRIMINAL RECOMMENDATIONS TO NPA AND THE OUTCOME

After the completion of an investigation, recommendations are referred to the NPA who, based on the evidence at hand, will make

a decision whether or not to institute criminal proceedings against the suspect(s).

Table 26(a) shows the total number of recommendations referred to the NPA by the respective provinces for the period under

review. A total of 1 140 criminal recommendations were made to the NPA for decision.

Table 26(a): Criminal Recommendations referred to NPA - 2016/2017

Provinces Dea

ths

in p

olic

e cu

stod

y

Dea

ths

as a

resu

lt of

pol

ice

actio

n

Dis

char

ge o

f an

offici

al fi

rear

m(s

)

Rape

by

a po

lice

office

r

Rape

in p

olic

e cu

stod

y

Tort

ure

Ass

ault

Corr

uptio

n

Syst

emat

ic

Corr

uptio

n

Non

-com

plia

nce

with

IPID

Act

Oth

er c

rim

inal

off

ence

TotalEastern Cape 0 11 47 2 0 0 180 2 0 11 9 262

Free State 1 1 15 6 0 0 206 7 0 3 14 253

Gauteng 0 6 8 3 0 0 44 1 0 0 2 64

KwaZulu-Natal

0 14 7 1 0 0 43 1 0 0 1 67

Limpopo 1 2 10 0 0 0 27 0 0 1 1 42

Mpumalanga 1 7 4 1 0 0 56 3 0 3 1 76

North West 0 7 12 0 0 0 105 2 0 2 4 132

Northern Cape

2 4 9 3 0 0 89 0 0 8 4 119

Western Cape 2 2 5 2 0 0 111 0 0 2 1 125

Total 7 54 117 18 0 0 861 16 0 30 37 1 140

Every recommendation forwarded to the NPA is evaluated and based on the evidence presented; and a decision will be made on

a case. Table 26(b) shows the details on the outcomes of the recommendations made to the NPA.

Page 61: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

60 IPID I ANNUAL REPORT I 2016/2017

Table 26(b): Outcome of Criminal Recommendations made to the NPA

Province Awaiting for response

Declined to prosecute

Prosecute NPA requested more information

Total

Eastern Cape 254 7 1 0 262

Free State 251 0 2 0 253

Gauteng 64 0 0 0 64

KwaZulu-Natal 67 0 0 0 67

Limpopo 42 0 0 0 42

Mpumalanga 67 7 2 0 76

North West 132 0 0 0 132

Northern Cape 103 12 4 0 119

Western Cape 125 0 0 0 125

Total 1 105 26 9 0 1 140

9. DISCIPLINARY RECOMMENDATIONS

Part of the mandate of the IPID is to make disciplinary recommendations to the SAPS after a complaint was investigated and

the investigation was completed. Table 27(a) shows the total number of relevant disciplinary recommendations referred by the

respective provinces to SAPS. A total number of 1 238 disciplinary recommendations were referred to SAPS during the period

under review.

Table 27(a): Disciplinary Recommendations Referred to SAPS - 2016/2017

Province

Dea

ths

in p

olic

e cu

stod

y

Dea

ths

as a

resu

lt of

pol

ice

actio

n

Com

plai

nt o

f di

scha

rge

of a

n offi

cial

fire

arm

(s)

Rape

by

a po

lice

office

r

Rape

in p

olic

e cu

stod

y

Tort

ure

Ass

ault

Corr

uptio

n

Syst

emat

ic

Corr

uptio

n

Non

-com

plia

nce

with

IPID

Act

Oth

er c

rim

inal

off

ence

TotalEastern Cape 4 18 50 3 0 0 165 6 0 10 8 264

Free State 0 1 17 2 0 0 120 5 1 2 12 160

Gauteng 11 22 24 17 0 1 174 4 0 3 5 261

KwaZulu-Natal 0 2 9 1 0 0 26 1 0 1 3 42

Limpopo 0 4 13 2 0 0 22 0 0 1 1 43

Mpumalanga 2 8 6 1 0 1 60 3 1 2 5 89

North West 1 4 9 1 0 1 87 2 0 6 5 116

Northern Cape 2 4 6 3 0 2 47 0 0 10 6 80

Western Cape 4 10 9 6 2 0 149 0 0 0 3 183

Total 24 73 143 36 2 5 850 21 2 38 44 *1 238

*A total of 270 are positive recommendations; therefore no feedback is expected

In terms of Section 30 of the IPID Act, IPID refers the disciplinary recommendation to SAPS on which SAPS has 30 days to respond

on the disciplinary process implemented. Table 27(b) indicates the status of the disciplinary recommendations referred to SAPS

for the period under review.

Page 62: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

61IPID I ANNUAL REPORT I 2016/2017

Table 27(b) Outcomes of Disciplinary Matters Unresolved Disciplinary Matters

ProvinceNot guilty Guilty Withdrawn

by complainant

Service Termination

Disciplinary hearing in

process

No disciplinary steps taken

Disciplinary investigation

initiated

Awaiting Response

Total

Eastern Cape 10 5 0 0 0 2 34 124 175

Free State 25 18 0 0 0 7 46 64 160

Gauteng 1 2 0 0 0 0 5 72 80

KwaZulu-Natal 2 3 0 0 0 0 5 32 42

Limpopo 1 2 0 0 0 0 4 36 43

Mpumalanga 6 5 1 1 0 5 18 53 89

North West 9 3 0 0 0 7 17 80 116

Northern Cape 3 0 0 0 0 2 7 68 80

Western Cape 1 1 0 0 0 1 3 177 183

Total 58 39 1 1 0 24 139 706 968

10. CONVICTIONS AND ACQUITTALS

10.1. DISCIPLINARY CONVICTIONS

Table 28 shows the total number of disciplinary convictions that were reported by the respective provinces during the period

under review, this includes the conviction of the recommendations that were referred to SAPS/MPS in previous financial year. A

total number of 276 disciplinary convictions were reported.

Table 28: Disciplinary Convictions

Provinces

Dea

ths

in p

olic

e cu

stod

y

Dea

ths

as a

resu

lt of

pol

ice

actio

n

Dis

char

ge o

f an

offici

al fi

rear

m(s

)

Rape

by

a po

lice

office

r

Rape

in p

olic

e cu

stod

y

Tort

ure

Ass

ault

Corr

uptio

n

Syst

emat

ic

Corr

uptio

n

Non

-com

plia

nce

with

IPID

Act

Oth

er c

rim

inal

off

ence

and

m

isco

nduc

t

TotalEastern Cape 4 18 50 0 0 0 1 0 0 0 0 2

Free State 0 3 5 0 0 0 24 1 0 2 0 35

Gauteng 0 1 0 0 0 0 0 0 0 0 0 1

KwaZulu-Natal 0 0 3 0 0 0 4 0 0 0 1 8

Limpopo 0 0 3 0 0 0 2 0 0 2 0 7

Mpumalanga 0 3 8 0 1 5 46 3 0 7 10 83

North West 2 1 3 1 0 4 52 2 0 1 41 107

Northern Cape 0 4 2 1 0 0 11 0 0 6 0 24

Western Cape 2 0 0 2 1 0 4 0 0 0 0 9

Total 4 13 24 4 2 9 144 6 0 18 52 276

A total of 276 convictions where received for different misconduct. The conviction details range from:

• written warning (145);

• verbal warning (38);

• fined (27);

• dismissal (19);

• corrective counselling (17);

• suspended without salary (14)

• final written warning (12); and

• reprimanded (4)

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62 IPID I ANNUAL REPORT I 2016/2017

10.2. DISCIPLINARY ACQUITTALS

Table 29 shows the total number of disciplinary acquittals that were reported by the respective provinces during the period under

review. A total of 175 disciplinary acquittals were reported.

Table 29: Disciplinary acquittals

Provinces

Dea

ths

in p

olic

e cu

stod

y

Dea

ths

as a

resu

lt of

pol

ice

actio

n

Dis

char

ge o

f an

offici

al fi

rear

m(s

)

Rape

by

a po

lice

office

r

Rape

in p

olic

e cu

stod

y

Tort

ure

Ass

ault

Corr

uptio

n

Syst

emat

ic

Corr

uptio

n

Non

-com

plia

nce

with

IPID

Act

Oth

er c

rim

inal

off

ence

TotalEastern Cape 0 0 1 0 0 0 0 0 0 0 0 1

Free State 0 0 0 1 0 0 39 1 0 1 2 44

Gauteng 0 0 0 0 0 0 0 0 0 0 0 0

KwaZulu-Natal 0 1 1 1 0 1 11 1 0 0 0 16

Limpopo 0 2 2 0 1 0 18 0 0 0 0 23

Mpumalanga 2 2 1 0 0 6 26 1 0 2 0 40

North West 2 3 2 0 0 0 18 0 0 0 2 27

Northern Cape 0 0 0 0 0 0 15 0 0 1 1 17

Western Cape 0 0 0 0 0 0 7 0 0 0 0 7

Total 4 8 7 2 1 7 134 3 0 4 5 175

10.3. CRIMINAL CONVICTIONS

The IPID is dedicated to investigating acts of criminality allegedly perpetrated by members of the SAPS/MPS and bring these

members to justice. Once the investigation is completed and recommendations are forwarded to the NPA, the court procedure

takes over where the role of IPID is to provide the court with enough evidence to make an appropriate ruling on the case at hand..

Table 30 shows the total number of criminal convictions that have been reported by the respective provinces during the period

under review. Of the 45 convictions obtained:

• Fined (18);

• Direct imprisonment (16); and

• Suspended sentence (11)

Table 30: Criminal Convictions

Provinces

Dea

ths

in p

olic

e cu

stod

y

Dea

ths

as a

resu

lt of

pol

ice

actio

n

Com

plai

nt o

f di

scha

rge

of a

n offi

cial

fire

arm

(s)

Rape

by

a po

lice

office

r

Rape

in p

olic

e cu

stod

y

Tort

ure

Ass

ault

Corr

uptio

n

Syst

emat

ic

Corr

uptio

n

Non

-com

plia

nce

with

IPID

Act

Oth

er c

rim

inal

off

ence

TotalEastern Cape 0 2 1 0 0 0 2 1 0 0 0 6

Free State 0 2 2 0 0 0 4 0 0 0 2 10

Gauteng 0 4 0 0 0 0 1 0 0 0 0 5

KwaZulu-Natal 0 1 0 1 0 0 1 0 0 0 1 4

Limpopo 0 3 1 1 0 0 1 0 0 0 1 7

Mpumalanga 0 1 0 0 0 0 0 0 0 0 1 2

North West 0 2 0 0 0 0 1 1 0 0 1 5

Northern Cape 0 2 0 0 0 0 2 1 0 0 0 5

Western Cape 0 0 0 0 0 0 1 0 0 0 0 1

Total 0 17 4 2 0 0 13 3 0 0 6 45

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63IPID I ANNUAL REPORT I 2016/2017

10.4. CRIMINAL ACQUITTALS

Table 31 indicates the total number of criminal acquittals that have been reported by the respective provinces during the period

under review. A total 34 criminal acquittals were reported for period under review.

Table 31: Criminal acquittals

Provinces

Dea

ths

in p

olic

e cu

stod

y

Dea

ths

as a

resu

lt of

po

lice

actio

n

Com

plai

nt o

f offi

cial

fir

earm

(s)

Rape

by

a po

lice

office

r

Rape

in p

olic

e cu

stod

y

Tort

ure

Ass

ault

Corr

uptio

n

Syst

emat

ic C

orru

ptio

n

Non

-com

plia

nce

with

IP

ID A

ct

Oth

er c

rim

inal

offe

nce

and

mis

cond

uct

TotalEastern Cape 0 0 1 3 0 0 4 0 0 0 0 8

Free State 0 0 0 0 0 0 3 1 0 0 0 4

Gauteng 0 0 0 0 0 0 0 0 0 0 0 0

KwaZulu-Natal 0 0 1 0 0 0 1 0 0 0 0 2

Limpopo 0 1 0 0 0 0 6 0 0 0 0 7

Mpumalanga 0 2 0 0 0 1 6 0 0 0 0 9

North West 0 0 0 0 0 0 0 0 0 0 0 0

Northern Cape 0 0 0 0 0 0 0 0 0 0 0 0

Western Cape 0 0 0 1 0 0 3 0 0 0 0 4

Total 0 3 2 4 0 1 23 1 0 0 0 34

11. THE CASES ON COURT ROLLS

The amount of cases that are on the court roll reflects cases where the investigation was of such a nature that the NPA accepted

the IPID’s recommendation pertaining to the institution of criminal prosecution. Table 32 shows the total number of cases that

each province has on the court roll. A total of 787 cases are on the court roll.

Table 32: Court Roll Matters

Charges

East

ern

Cape

Free

Sta

te

Gau

teng

KwaZ

ulu-

Nat

al

Lim

popo

Mpu

mal

anga

Nor

th W

est

Nor

ther

n Ca

pe

Wes

tern

Cap

e

Tota

lAssault Common 39 103 6 10 5 23 8 29 105 328

Assault GBH 14 24 7 7 11 0 2 4 28 97

Assault GBH and Kidnapping 1 0 0 0 0 0 0 0 0 1

Attempted Murder 22 13 4 19 0 3 4 3 4 72

Corruption 3 6 4 7 0 3 1 3 0 27

Defeating the end of justice 0 0 0 0 1 0 0 0 1 2

Discharge of an official firearm 0 14 0 0 5 4 1 3 5 32

Inquest 0 0 0 2 3 0 0 0 0 5

Murder 20 12 17 30 10 9 6 4 29 137

Non-compliance with section 29 of IPID Act 2 0 1 0 0 0 0 3 0 6

Pointing of firearm 0 0 0 0 0 0 0 1 0 1

Rape 8 5 11 10 1 1 4 9 19 68

Sexual Assault 0 0 0 6 0 0 0 0 1 7

Statutory rape 0 0 0 1 0 0 0 0 0 1

Theft 0 1 0 0 0 0 0 0 0 1

Torture 0 1 0 0 0 0 0 0 1 2

Total 109 179 50 92 36 43 26 59 193 787

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64 IPID I ANNUAL REPORT I 2016/2017

12. MANNER OF CLOSURE

The manner of closure can be influenced by the type of case being investigated as well as the complexity of the said case. The

manner of closure of cases per category in the period under review is detailed in table 33(a) below. A total of 4 914 cases were

closed during the period under review.

Table 33(a): Manner of Disposal, per Category

Manner of disposal

Dea

ths

in p

olic

e cu

stod

y

Dea

ths

as a

resu

lt of

po

lice

actio

n

Com

plai

nt o

f dis

char

ge

of a

n offi

cial

fire

arm

(s)

Rape

by

a po

lice

office

r

Rape

in p

olic

e cu

stod

y

Tort

ure

Ass

ault

Corr

uptio

n

Syst

emat

ic C

orru

ptio

n

Non

-com

plia

nce

with

IP

ID A

ct

Oth

er c

rim

inal

offe

nce

and

mis

cond

uct

TotalAcquitted 6 9 26 7 1 0 73 4 0 0 6 132

Change of Section 0 0 0 0 0 0 1 2 0 0 1 4

Convicted 10 15 27 4 0 1 41 10 0 2 14 124

Declined 20 37 257 46 4 59 1910 33 1 41 72 2 480

Dismissed 3 1 5 2 0 0 20 2 0 0 0 33

Duplicated 2 3 16 0 0 1 50 1 0 0 1 74

Indeterminate 1 0 9 0 0 3 24 7 0 0 1 45

Referred 90 53 79 3 6 5 123 22 0 0 29 410

Resolved satisfactorily 0 0 1 0 0 0 5 0 0 2 1 9

Systemic corruption 0 0 0 0 0 0 0 0 2 0 0 2

Unfounded 3 0 12 3 0 1 22 6 0 0 4 51

Unsubstantiated 127 32 752 12 5 15 395 60 0 8 58 1 464

Withdrawn 1 0 15 4 0 0 49 8 0 1 8 86

Total 263 150 1 199 81 16 85 2713 155 3 54 195 4 914

Table 33(b) provides details of the manner of closure per province and it indicates that most cases were closed in Eastern Cape

with 985 cases followed by KwaZulu-Natal and Western Cape with 917 cases each.

Table 33(b): Manner of Closed Case per Province

Provinces

Acq

uitt

ed

Chan

ge o

f Sec

tion

Conv

icte

d

Dec

lined

Dis

mis

sed

Dup

licat

e

Inde

term

inat

e

Refe

rred

Reso

lved

sat

isfa

ctor

ily

Syst

emic

cor

rupt

ion

Unf

ound

ed

Uns

ubst

antia

ted

With

draw

n

Tota

l

Eastern Cape 18 1 18 588 3 5 1 87 1 0 0 248 15 985

Free State 38 2 33 431 14 7 0 81 1 0 1 154 7 769

Gauteng 2 0 2 20 2 1 2 42 0 0 21 53 2 147

KwaZulu-Natal 10 0 23 225 5 18 40 145 0 1 27 409 14 917

Limpopo 39 0 19 355 0 2 0 16 0 0 0 37 12 480

Mpumalanga 7 0 11 187 2 5 0 7 2 0 0 77 4 302

North West 3 0 3 54 1 3 0 14 3 0 0 25 5 111

Northern Cape 7 0 11 228 2 0 0 8 1 0 0 25 4 286

Western Cape 8 1 4 392 4 33 2 10 1 1 2 436 23 917

Total 132 4 124 2 480 33 74 45 410 9 2 51 1 464 86 4 914

Figure 5 below shows the percentages of the closed cases by manner of closure. The largest share of the closed cases were closed

as decline (48%), followed by closed as unsubstantiated (30%) and closed as referred (9%).

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65IPID I ANNUAL REPORT I 2016/2017

Figure 5

Manner of closure

Withdrawn

Unsubstantiated

Unfounded

Systemic Corruption

Resolved satisfactorily

Referred

Indeterminate

Duplicate

Dismissed

Declined

Convicted

Change of Section

Acquitted

0% 5% 15%10% 20% 25%

2%

1%

1%

1%

0%

0%

0%

2%

2%

2%

31%

10%

48%

30% 35% 40% 45% 50%

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66 IPID I ANNUAL REPORT I 2016/2017

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67IPID I ANNUAL REPORT I 2016/2017

PART C: GOVERNANCE

PART C: GOVERNANCE

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68 IPID I ANNUAL REPORT I 2016/2017

1. INTRODUCTION

The IPID is committed to ensuring that principles of good corporate governance are practiced and upheld, as supported by the

Public Finance Management Act, 1999 (Act 1 of 1999) and as amended by King Code on Corporate Governance (King IV) and

other related leading practices.

Risk, Compliance and Ethics Management forms an integral part of the IPID’s corporate governance and strategic management

processes; through which the IPID is able to identify weaknesses in controls and manage potential risks that may have negative

impact on its operating environment.

2. COMPLIANCE, ETHICS AND RISK MANAGEMENT

The Risk Management Policy, Risk Management Strategy and other related documents were reviewed to ensure that they are

relevant and address IPID’s operating environment and overall strategic objectives. The IPID conducted risk assessment at a

strategic and operational level to identify new and emerging risks that may be material in achieving objectives. All Programmes

and Provincial Offices were involved in this process. The Risk Assessment report was presented to the Compliance, Risk and Ethics

Management Committee before being presented to the Audit Committee. Progress report on implementation of mitigation

strategies was also presented to the same committees on quarterly basis for monitoring and oversight.

The Compliance function in the IPID is implemented by conducting compliance monitoring on the prescribed rules and regulations

guiding the Department on how to operate within a regulatory environment. This contributes towards enhancing internal control

systems within the Department. To achieve this, Corporate Governance Component facilitated compliance monitoring process

on a quarterly basis and compiled reports. The reports were presented at Compliance, Ethics and Risk Management Committee

and the Audit Committee for oversight.

Ethics management contributed to the strengthening and promotion of organisation’s ethics and integrity practices in the

Department. This was done through awareness campaigns to inform and educate staff at National Office about the provisions of

Whistle Blowing Policy, Fraud Prevention measures and Code of Conduct.

Compliance, Ethics and Risk Management Committee

The IPID has a fully functional Compliance, Ethics and Risk Management Committee in place as appointed by the Executive Director.

The Committee was chaired by an independent external Chairperson in compliance with the National Treasury Public Sector Risk

Management Framework. All Programme Managers including the Chief Financial Officer were members of this committee. The

purpose of the committee is to advise management on matters related to risk management, compliance and ethics.

The committee met on a quarterly basis to discuss amongst other matters progress on the implementation of mitigation strategies.

The Chairperson compiled reports based on the deliberations at the Committee meetings. The reports were presented at the

Audit Committee.

3. FRAUD AND CORRUPTION

The IPID’s Fraud Prevention Policy and Fraud Prevention Plan are proactive systems that were adopted by management in putting

mechanisms in place to manage IPID’s vulnerability to fraud and corruption. The fraud and corruption incidents/allegations were

reported to Corporate Governance component through a telephone, fax or email.

The Fraud Response Plan

Allegations of fraud or corruption reported during the year under review were facilitated by Corporate Governance. A preliminary

analysis review to determine whether the reported matters warrants an investigation was conducted. Depending on the outcome,

preliminary analysis reports were forwarded to the Executive Director to make a decision on whether the allegations are to:

a. Be investigated internally;

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69IPID I ANNUAL REPORT I 2016/2017

b. Co/outsourced to forensic investigative firms;

c. Referred to the SAPS, or any applicable law enforcement agency

Corporate Governance received reports and updated the fraud allegation register, about:

1. Alleged fraudulent kilometre claims by SMS Member. The matter on alleged kilometre claim was resolved through Labour Relations process and the SMS Member paid the Department

2. Alleged fraud against Acting ED for appointment of Chief Director Corporate Service has been referred to the SAPS, still an on-going matter.

3. Allegations of fraudulent closure of cases using usernames of people who are no longer employed in IPID or on suspension, was forwarded to the Integrity Strengthening Component for further investigations.

Corporate Governance monitored progress on actions taken related to the reported fraud allegation cases and provided feedback

to the Compliance, Ethics and Risk Management Committee on a quarterly basis. All information related to fraud and corruption

was treated with confidentiality and only discussed with person(s) who have legitimate right to such information.

4. MINIMISING CONFLICT OF INTEREST

The Corporate Governance Component coordinated the submission of financial disclosures by Senior Management Services

(SMS) members in compliance with the Financial Disclosure Framework. In addition, officials below SMS level were requested to

disclose their financial interest to minimise conflict of interest.

All officials who participated in Bid Committees (Bid Specification, Bid Evaluation and Bid Adjudication) were also required to

complete conflict of interest declaration forms in every committee meeting.

5. CODE OF CONDUCT

The IPID endeavours to adhere to highest standards of ethical and moral behaviour. The IPID’s values are the core from which it

operates and respond on daily activities and interaction with both internal and external stakeholders. These values as listed in the

IPID’s strategic plan, subscribe to the Code of Conduct for the Public Service contained in the Public Service Regulations, 2001.

Adherence to the Code of Conduct was encouraged through workshops conducted at National Office, in an effort to enhance

professionalism and ensure confidence in the Department by our stakeholders.

6. HEALTH SAFETY AND ENVIRONMENTAL ISSUES

Five Health and Safety representatives were appointed for the Provinces. A total of 15 Safety and Health representatives from both

National office and Provinces were trained on basic fire fighting and first aid training. The Health and Safety Committee had only

one meeting during the year under review. Facilitated servicing of fire extinguishers; which was done in March 2017.

One injury incident was reported during the year under review. It involved a cleaner of Letago Cleaning Services (contractor)

who incurred injuries whilst cleaning inside the steel cabinet. She sustained a cut on her right arm. First aid was applied and her

employer was informed and advised to report the matter to Department of Labour as required by the Occupational Health and

Safety (OHS) Act.

7. PORTFOLIO COMMITTEES

The table below outlines matters raised by the Parliamentary Committees:

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70 IPID I ANNUAL REPORT I 2016/2017

Dates Committee PurposeSome key matters raised by the

CommitteeDepartment response to

address some of these issues12 April 2016 Portfolio

Committee on Police

Briefing on IPID on its budget allocations and Annual Performance Plan (APP) 2016/17

There was a question whether IPID is proactive enough in the light of budget cuts and negative impact on its mandate

IPID has prioritised its focus on key areas and made reports for more funding to the National Treasury

13 April 2016 Select Committee on Security and Justice

Briefing on IPID on its budget allocations and APP 2016/17

Committee wanted to know if there were vacant posts at senior management level, if yes, was there a plan to fill them. Unfunded mandate was also questioned.

IPID said that the process of filling vacant posts was at the final stage and committed that all posts could be filled before the end of financial year 2016/17

6 September 2016 Portfolio Committee on Police

IPID briefing on 1st Quarter performance report 2016/17 and briefing on outcomes of investigations of Metro Police Service

Committee recommended an action plan to address the findings made by the Auditor General

IPID submitted the action plan in line with the timeframe given by the Portfolio Committee which was 15 November 2016

13 October 2016 Portfolio Committee on Police

Briefing by IPID on its 2015/16 Annual Report

Concern on disproportionate sanction imposed by SAPS as per the IPID recommendations and the sense of impunity was raised

IPID undertook to strengthen engagement with SAPS and NPA on implementation of its recommendations

9 November 2016 Portfolio Committee on Police

IPID Audit Committee on its action plan

Committee raised a question whether IPID Audit Committee has a plan to sustain the current performance.

IPID responded that it is committed to ensure monitoring and oversight to promote unqualified audit outcome.

15 February 2017 Portfolio Committee on Police

IPID briefing on BRRR implementation plan and high profile cases

Committee recommended that IPID should develop costs plan on how will it find the required funding for its mandate

IPID developed proposed plan for the attention of the National Treasury and the Portfolio Committee

15 March 2017 Portfolio Committee on Police

IPID briefing on progress report on implementation of the Farlam Commission’s recommendations

Committee questioned IPID on how will it get the funding for the Farlam Commission’s implementation of recommendations

IPID said that it has presented detailed financial needs for the attention of National Treasury to request for funding and re-prioritised its focus

8. SCOPA RESOLUTIONS

The Department did not appear before SCOPA.

9. PRIOR MODIFICATIONS TO AUDIT REPORTS

The Department obtained an unqualified audit report in the previous financial years.

10. INTERNAL AUDIT AND AUDIT COMMITTEES

The Audit Committee play an important role in ensuring that an entity functions according to good governance, accounting and audit standards. It also monitors the adoption of appropriate risk management arrangements.

1. Key activities and objectives of the internal audit

The purpose of Internal Audit within the Department is to provide independent, objective assurance and consulting services designed to add value to and improve operations. This is achieved by conducting risk-based audit reviews that contribute to the improvement of governance, risk management and control processes. Internal Audit also assists the Audit Committee in the effective discharge of its responsibilities.

In discharging its assurance responsibilities to the Department, Internal Audit follows a systematic and disciplined approach to evaluate and make appropriate recommendations regarding the following, in line with the International Standards for the Professional Practice of Internal Auditing:

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71IPID I ANNUAL REPORT I 2016/2017

• Achievement of IPID’s objectives and plans;

• Reliability and integrity of information;

• Effectiveness and efficiency of operations and programs;

• Safeguarding of assets; and

• Compliance with laws, regulations, policies, procedures and contracts.

2. Summary of Audit Work Done

In line with its mandate, the Internal Audit Component carried out 70% of its approved Risk Based Plan for 2016/2017. Due to budgetary constraints it was impossible to travel to all provinces as well as obtaining envisaged services for audit reviews where

skills gap still exist. Below is the list of audit reviews conducted:

National Office Provincial Audit (08 audit reviews per province)

• Audit of Performance Information

• Human Resource Development and Retention

• Security Management

• Employee Wellness Programme

• Ethics Management review

• GG Vehicle management

• Labour relations follow-up review

• Investigation advisory review

• AGSA Follow-up review

• Validation of first quarter to third quarter 2016/2017, performance information review

• Adhoc MPAT verification

• Ad hoc audit IT equipment verification

• Ad hoc audit Skynet verification

• Programme 2: Investigation and Information – Compliance with IPID act and Regulations

• Asset Management

• GG Vehicle Management

• Security Management

Follow – up reviews

• Occupational Health and Safety

• Supply Chain Management

• Human Resource Management (Leave)

• AGSA

3. Key Activities and Objectives of the Audit Committee;

In line with its mandate as recorded in its charter, the audit committee is established to carry out its oversight responsibilities over the Directorate’s audit and financial reporting process; as well as systems of risk management and internal control. Audit Committee activities endeavours to fulfil the following objectives:

• Effective oversight over management’s role in governance, risk management and control systems;

• Enhancing business ethics and trust in the Directorate;

• Ensuring and enhancing the independence of the Internal Audit activity;

• Ensuring that risks facing the Directorate are identified and appropriate mitigation strategies developed and implemented;

• Ensuring proper functioning of the Internal Audit activity through review and approval of audit scope of work; including monitoring of its performance.

The Audit Committee fulfilled its objectives as stated above through the interrogation of various reports; including performance information, risk management, compliance, financial management and audit. Robust discussions during Audit Committee meetings took place throughout the financial year.

A total of six (06) Audit Committee meetings were convened in the 2016/2017 financial year, with the following committee responsibilities, amongst others, fulfilled:

• Review of quarterly financial information, including the annual financial statements

• Review of IPID’s quarterly and overall performance in line with implementation of Annual Performance Plan.

• Approval of the 2016/2017 Internal Audit Plan and the monitoring of performance on a quarterly basis.

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72 IPID I ANNUAL REPORT I 2016/2017

• Review of the AGSA 2015/2016 Final Management Letter and Audit Report

• Review of Risk Management and Compliance matters.

4. Attendance of Audit Committee meetings by Audit Committee Members

The table below discloses relevant information on the Audit Committee members:

Name QualificationsInternal

or External

If Internal, Position in the

DepartmentDate Appointed

Date Resigned

No. of Meetings Attended

01 April 2016 – 31 March 2017

Mr IM Motala - Chairperson

B. PROC

Admitted Attorney

External October 2015 05

Mr. BW Mbewu BCom Hons in Accounting

CIA, CCSA, CGAP, CRMA

External October 2015 03

Ms LR Mvuyana LLB; Certificate in Legislative Drafting

Admitted Attorney

External October 2015 04

Ms AM Badimo B.Sc Hons (Computer Science); MSc; MBA; CGEIT, CISM; Certificate in IT Auditing, F. Inst. D.

External October 2015 03

Mr. NS Nkonzo BCompt Honours; BCom Accounting; Post Graduate Diploma in Investigative and Forensic Accounting

External October 2015 03

Mr. R McBride Internal Executive Director 02

Mr KI Kgamanyane Internal Acting Executive Director

March 2014 30 November 2016

03

Ms LN Ngcongo Honours Bachelor in Accounting Science (CTA Equivalent);

Honours Bachelor in Accounting;

Bachelor of Commerce Degree in Accounting.

Internal Chief Financial Officer

22 November 2010 30 June 2017 03

11. AUDIT COMMITTEE REPORT

We are pleased to present our report for the financial year ended 31 March 2017.

1. AUDIT COMMITTEE MEMBERS, MEETINGS AND ATTENDANCE

Name of Members Number of Meetings Attended

Mr M.I.Motala (Chairperson) (External) 5

Ms A.Badimo (External) 3

Ms L.Mvuyana (External) 4

Mr B.Mbewu (External) 3

Mr N.S.Nkonzo (External) 3

Mr R. McBride (Suspension up-lifted 19 October 2016) 2

Mr I. Kgamanyane (Acting Executive Director, Ex- Officio)

(Resigned 30 November 2016)

3

Ms L. Ngcongo (Chief Financial Officer, Ex Officio) 3

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73IPID I ANNUAL REPORT I 2016/2017

Standing invitations for these meetings were extended to Senior Management and the Auditor General. The Chief Financial

Officer and Accounting Officer attended the meetings as ex-officio members of the Audit Committee. These meetings considered

matters relating to governance, internal control and risk in the department throughout the reporting period.

2. AUDIT COMMITTEE RESPONSIBILITY

The Audit Committee would like to report that it has complied with its responsibilities enshrined in section 38 (1) (a) (ii) of the

Public Finance Management Act and Treasury Regulation 3.1.13. The Audit Committee also reports that it has adopted its Charter,

has regulated its affairs in compliance with the Charter and has discharged all its responsibilities as contained therein.

3. THE EFFECTIVENESS OF INTERNAL CONTROL

Our review of the findings of the Internal Audit work, which was based on the risk assessments conducted in the department

revealed certain weaknesses, which were then raised at IPID’s Head Office and 03 Provincial Offices.

The following internal audit work was completed during the year under review:

National Office Provincial Audit (08 audit reviews per province)

• Audit of Performance Information

• Human Resource Development and Retention

• Security Management

• Employee Wellness Programme

• Ethics Management review

• GG Vehicle management

• Labour relations follow-up review

• Investigation advisory review

• AGSA Follow-up review

• Validation of first quarter to third quarter 2016/2017, performance information review

• Adhoc MPAT verification

• Ad hoc audit IT equipment verification

• Ad hoc audit Skynet verification

• Programme 2: Investigation and Information – Compliance with IPID act and Regulations

• Asset Management

• GG Vehicle Management

• Security Management

Follow – up reviews

• Occupational Health and Safety

• Supply Chain Management

• Human Resource Management (Leave)

• AGSA

Based on the approved Annual Internal Audit Plan setting out the scope, control objectives and risks, for the period covered,

various reports were submitted by the internal auditors. The management report of the Auditor General (SA) on the annual

financial statements was also submitted to and discussed by the Committee.

The Committee would like to record the following observations:

• The Audit Committee acknowledges management’s efforts to strengthen internal controls. There are however two specific areas of concern noted during the year under review namely security management and controls relating to the use of GG vehicles.

• There has been a regression in the overall audit outcome as evidenced by the Audit Report. The Audit Committee engaged extensively with the AG on this matter and is of the considered view that the qualification was occasioned by the strict application of the relevant standard by the AG. In brief our understanding is that the quantum of the misstatement relied on by the AG resulted from a mathematical extrapolation of a sample and does not necessarily reflect the actual quantum of the accruals which was not disclosed in the AFS.

• The previous point reflects a symptom of a more acute challenge faced by IPID namely budgetary constraints. It is the view of the Audit Committee that based on the allocation trends witnessed by the Audit Committee since its inception IPID cannot strictly speaking be classified as a going concern. If the matter is not addressed the risk that IPID’s budget would be reduced to an operational one with limited capacity to acquit itself of its legislative mandate is very real and will have an impact on the operations of the organisation.

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74 IPID I ANNUAL REPORT I 2016/2017

• A phenomenon which is of grave concern to the Audit Committee is the cost of litigation conducted by/against IPID involving individual members of SAPS. The latter purportedly funded from the SAPS budget. The net effect is a depletion of an already constrained budget.

• The Committee has considered management’s responses to address the matters raised by Internal Audit and Auditor General (SA) and to facilitate corrective actions, improvements and monitoring the controls and procedures. The Committee, however, notes that not all the findings and recommendations of Internal Audit were implemented.

• The Committee also notes that audit action plan was not fully implemented. The Committee recommends that additional effort should be made to implement these recommendations which will contribute significantly to an improved audit outcome.

• Internal Audit did not manage to fully implement the IA Plan for the year under review. The aforesaid can be ascribed to budgetary constraints. The Audit Committee is concerned that for two consecutive years no assurance could be provided on IT. The findings of the external assessment of IA are instructive and we quote: “The Internal Audit Activity remains unable to provide assurance on the Information Systems environment”.

3.1. SPECIFIC FOCUS AREAS GOING FORWARD

Identified specific focus areas to monitor, support and advise management on:

• ICT;

• Implementation of the audit action plan;

• Coordination and cooperation on matters related to financial management and audit;

• Improving the control environment;

4. IN-YEAR MANAGEMENT AND MONTHLY / QUARTERLY REPORT.

The Committee was supplied with all quarterly financial reports prepared and issued by the Department during the year under

review in compliance with the statutory reporting framework. However, these were not always timeous. Save for certain nominal

deficiencies the Committee is satisfied with the quality of these reports.

5. EVALUATION OF THE ANNUAL FINANCIAL STATEMENTS

The Committee has:

• reviewed and discussed the audited Annual Financial Statements to be included in the annual report, with the Auditor-General (SA) and the Accounting Officer;

• reviewed the Auditor-General’s management letter and management’s response thereto;

• reviewed and discussed the Performance Information with management;

• reviewed changes in Accounting Policies and Practices; and

• reviewed the entity’s compliance with Legal and Regulatory provisions.

6. AUDITOR– GENERAL’S REPORT

We have reviewed the department’s implementation plan for audit issues raised in the previous years and are satisfied that these

matters are being attended to by management.

The Committee concurs with and accepts the conclusions of the Auditor-General on the annual financial statements and is of the

opinion that the audited financial statements be accepted and read together with the report of the Auditor-General.

________________

MOHAMAD IQBAL MOTALA Chairperson of the Audit Committee INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE 10th August 2017

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75IPID I ANNUAL REPORT I 2016/2017

PART D: HUMAN RESOURCE

MANAGEMENT

PART D: HUMAN RESOURCE

MANAGEMENT

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76 IPID I ANNUAL REPORT I 2016/2017

1. INTRODUCTION

The information contained in this part of the annual report has been prescribed by the Minister for the Public Service and

Administration for all departments in the public service.

2. OVERVIEW OF HUMAN RESOURCES

Status of Human Resources in the Directorate

The Department had a total of three hundred and seventy (370) filled positions in its employ as at 31 March 2017. There are 191

males and 179 females’ employees at all levels.

The Human Resource Priorities and the Impact of These for the Year Under Review

The human resource priorities for the year under review focussed primarily on the following:

• Implementation of the Employment Equity Plan which is monitored through the Employment Equity Committee

• To address the under representation of people from designated groups to achieve the equitable representation of

suitably qualified people from designated groups within each occupational category and level in the workplace.

• Filling of all vacant Senior Management positions by targeting female employees

• To bridge the gap between males and females at senior management level

• Improvement of the skills of investigators

• To promote learning and development objectives and proposed actions aimed at building the capacity of investigators

in executing the mandate of the Department, particularly section 28 of the IPID Act.

• Training and capacity building of all employees

• Training and developing of employees on an on-going basis to up-skill and equip employees with competencies to

carry out their duties effectively and efficiently. To also bridge competency gaps to ensure that the Department realise

its strategic goals.

Workforce Planning and Key Strategies to Attract and Recruit a Skilled and Capable Workforce

A total number of four (4) posts in the National Specialised Investigative Team Unit were created to increase the establishment

of the Department and strengthen the investigation field, however due to budget cuts on the compensation of employees the

posts could not be filled.

Employee Performance Management

Workshops were conducted in the mechanics of performance management in areas such as communication, problem-solving

and conflict resolution. Workshops focused on managing the system more effectively as well as knowing how to implement the

system as well as ensuring that employees receive adequate training and possess sufficient information in order to be able to fully

participate in the process.

Employee’s performance assessments were conducted and performance outcomes implemented. Employees who performed

above average were afforded performance incentives and pay progression according to policy guidelines.

Employee Wellness Programmes

The Employee Health and Wellness Unit managed to offer Resilience Programme to investigators who are exposed to incidents

of trauma in all the nine District Offices, including Satellite Offices. The Resilience Programme was monitored through individual

telephonic follow up with the affected employees. All staff members were encouraged to voluntarily participate during HIV

Counselling and Testing (HCT) campaigns. During the period under review 19 HCT campaigns were conducted nationally and

provincially. Further, the re-launching of the gym was done as part of the physical wellness of staff.

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77IPID I ANNUAL REPORT I 2016/2017

Highlight Achievements and Challenges Faced by the Department and Future Human Resource Plans/Goals

The Department managed to coordinate two hundred and eighty six (286) skills programs and short courses for its staff members

as an effort on the development of staff. The Department encouraged the disclosure of our current staff on their disability status

through the employee Health and Wellness Unit which resulted to the disclosure of two (2) additional staff members.

Looking into future human resource plans and goals, the ideal human capacity for the then Independent Complaints Directorate

(ICD) should be 535 posts. The establishment for the reporting period is at 418 posts which is far below the 535 posts that the ICD

needed. The current structure and resources are overstretched to allow for attainment of performance targets.

The Department has developed an Expansion Strategy with the intention of increasing the capacity of the District Offices in terms

of additional human resources; in order to handle cases by accommodating additional Regional and District Offices to assist with

the management of the offices to achieve strategic objectives. However, due to identified weaknesses in internal controls the

Directorate will prioritise filling posts that will contribute to strengthening internal controls systems within various Components.

3. HUMAN RESOURCES OVERSIGHT STATISTICS

3.1. Personnel related expenditure

The following tables summarises the final audited personnel related expenditure by Programme and by salary bands. In particular,

it provides an indication of the following:

• amount spent on personnel

• amount spent on salaries, overtime, homeowner’s allowances and medical aid.

Table 3.1.1 Personnel Expenditure by Programme for the period 1 April 2016 and 31 March 2017

Programme Total expenditure

Personnel expenditure

Training expenditure

Professional and special services

expenditure

Personnel expenditure

as a % of total expenditure

Average personnel cost per employee

(R’000) (R’000) (R’000) (R’000) (R’000)

Programme 1: Administration 72 487 45 223 253 303 62.39% 435

Programme 2: Investigation and Information Management

155 524 113 448 357 23 72.95% 454

Programme 3: Legal Services 5 251 3 633 - - 69.19% 1 211

Programme 4: Compliance Monitoring and Stakeholder Management

8 638 7 044 48 4 81.55% 542

Total 241 900 169 348 658 330 70.01% 458

Table 3.1.2 Personnel costs by salary band for the period 1 April 2016 and 31 March 2017

Salary band Personnel expenditure

% of total personnel cost

No. of employees Average personnel cost per employee

(R’000) (R’000)

Skilled (level 3-5) 15 442 9.12% 70 220

Highly skilled production (levels 6-8) 54 332 32.08% 142 382

Highly skilled supervision (levels 9-12) 66 472 39.25% 126 527

Senior and Top management (levels 13-16) 32 969 19.47% 30 1 098

Abnormal appointments 133 0.08% 11 12

Total 169 348 100% 379 446

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78 IPID I ANNUAL REPORT I 2016/2017

Table 3.1.3 Salaries, Overtime, Home Owners Allowance and Medical Aid by Programme for the period 1 April 2016 and 31 March 2017

Programme

Salaries Overtime Home Owners Allowance Medical Aid

Amount (R’000

Salaries as a % of

personnel costs

Amount (R’000)

Overtime as a % of

personnel costs

Amount (R’000)

HOA as a % of personnel

costs

Amount (R’000)

Medical aid as a % of

personnel costs

Programme 1: Administration

31 339 69.30% 608 1.34% 1 179 2.61% 1 645 3.64%

Programme 2: Investigation and Information Management

77 359 68.19% 1 341 1.18% 2 943 2.59% 5 077 4.48%

Programme 3: Legal Services

2 381 65.54% - - 19 0.52% 53 1.46%

Programme 4: Compliance Monitoring and Stakeholder Management

4 980 70.70% - - 213 3.02% 170 2.41%

Total 116 059 68.53% 1 949 1.68% 4 354 2.57% 6 945 4.10%

Table 3.1.4 Salaries, Overtime, Home Owners Allowance and Medical Aid by salary band for the period 1 April 2016 and 31 March 2017

Salary band

Salaries Overtime Home Owners Allowance Medical Aid

Amount (R’000

Salaries as a % of

personnel costs

Amount (R’000)

Overtime as a % of

personnel costs

Amount (R’000)

HOA as a % of personnel

costs

Amount (R’000)

Medical aid as a % of

personnel costs

Skilled (level 3-5) 9 925 5.86% 229 0.14% 825 0.49% 1 243 0.73%

Highly skilled production (levels 6-8)

34 597 20.43% 1 099 0.65% 1 818 1.07% 2 997 1.77%

Highly skilled supervision (levels 9-12

45 592 26.92% 621 0.36% 1 376 0.81% 2 537 1.50%

Senior management (level 13-16)

25 828 15.25% 0 0 335 0.20% 168 0.1%

Abnormal Appointments 117 0.07% 0 0 0 0 0 0

Total 116 059 68.53 1 949 1.15 4 354 2.57 6 945 4.10

3.2 Employment and Vacancies

The tables in this section summarise the position with regard to employment and vacancies.

The following tables summarise the number of posts on the establishment, the number of employees, the vacancy rate, and

whether there are any staff that are additional to the establishment. This information is presented in terms of three key variables:

• programme

• salary band

• critical occupations

The Department has identified critical occupations that need to be monitored. In terms of current regulations, it is possible to

create a post on the establishment that can be occupied by more than one employee. Therefore, the vacancy rate reflects the

percentage of posts that are not filled.

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79IPID I ANNUAL REPORT I 2016/2017

Table 3.2.1 Employment and Vacancies by Programme as on 31 March 2017

ProgrammeNumber of posts

on approved establishment

Number of posts filled

Vacancy Rate

Number of employees additional to the

establishment

Programme 1: Administration 118 104 11.8% 0

Programme 2: Investigation and Information Management 279 250 10.3% 2

Programme 3: Legal Services 8 3 62.5% 0

Programme 4: Compliance Monitoring and Stakeholder Management

13 13 0 0

Total 418 370 11.4% 2

Table 3.2.2 Employment and Vacancies by Salary Band as on 31 March 2017

Salary bandNumber of posts

on approved establishment

Number of posts filled

Vacancy Rate

Number of employees additional to the

establishment

Skilled(3-5) 80 70 12.5% 0

Highly skilled production (6-8) 161 142 11.8% 0

Highly skilled supervision (9-12) 140 127 9.2% 1

Senior management (13-16) 37 31 16.2% 1

Total 418 370 11.4% 2

Table 3.2.3 Employment and Vacancies by Critical Occupations as on 31 March 2017

• There were no critical occupations during the period under review.

1.3 Filling of SMS Posts

The tables in this section provide information on employment and vacancies as it relates to members of the Senior Management

Service by salary level. It also provides information on advertising and filling of SMS posts, reasons for not complying with

prescribed timeframes and disciplinary steps taken.

Table 3.3.1 SMS post information as on 31 March 2017

SMS Level Total number of funded SMS posts

Total number of SMS posts filled

% of SMS posts filled

Total number of SMS posts vacant

% of SMS posts vacant

Salary Level 15 1 1 100 0 0

Salary Level 14 14 11 78.5 3 21.4

Salary Level 13 22 19 86.3 3 13.6

Total 37 31 83.7 6 16.2

Table 3.3.2 SMS Post Information as on 30 September 2016

SMS Level Total number of funded SMS posts

Total number of SMS posts filled

% of SMS posts filled

Total number of SMS posts vacant

% of SMS posts vacant

Salary Level 15 1 1 100 0 0

Salary Level 14 14 12 85.7 2 14.2

Salary Level 13 22 20 90.9 2 9.0

Total 37 33 89.1 4 10.8

Table 3.3.3 Advertising and Filling of SMS Posts for the Period 1 April 2016 and 31 March 2017

SMS Level Total number of funded SMS posts

Total number of SMS posts filled

% of SMS posts filled

Total number of SMS posts vacant

% of SMS posts vacant

Salary Level 15 1 1 100 0 0

Salary Level 14 14 11 78.5 3 21.4

Salary Level 13 22 19 86.3 3 13.6

Total 37 31 83.7 6 16.2

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80 IPID I ANNUAL REPORT I 2016/2017

SMS Level

Advertising Filling of Posts

Number of vacancies per level advertised in 6 months of

becoming vacant

Number of vacancies per level filled in 6 months of

becoming vacant

Number of vacancies per level not filled in 6 months

but filled in 12 months

Salary Level 15 0 0 0

Salary Level 14 2 0 0

Salary Level 13 0 0 0

Total 2 0 0

Table 3.3.4 Reasons for Not Having Complied with the Filling of Funded Vacant SMS - Advertised Within 6 Months and Filled Within 12 Months After Becoming Vacant for the Period 1 April 2016 and 31 March 2017

Reasons for Vacancies Not Advertised Within Six Months• One (1) level 14 post was not advertised since the dismissed member lodged a dispute at the Labour Court.

• One (1) level 13 post was put on hold due to budget cuts on compensation of employees from the 2017 MTEF budget allocation letter from National Treasury with the ceiling on compensation of employees.

• One (1) level 13 post was vacated on 28 February. The final level 13 post was vacated in December 2016.

Reasons for Vacancies Not Filled Within Six Months

• One level 14 post was not filled since the dismissed member lodged a dispute at the Labour Court.

• Two level 14 posts were not filled within six months due to budget constraints experienced by the Department.

• One level 13 post was put on hold due to budget cuts on compensation of employees from the 2017 MTEF budget allocation letter from National Treasury with the ceiling on compensation of employees.

• One (1) level 13 post was vacated on 28 February. The final level 13 post was vacated in December 2016.

Notes

• In terms of the Public Service Regulations Chapter 1, Part VII C.1A.3, departments must indicate good cause or reason for not having complied with the filling of SMS posts within the prescribed timeframes.

Table 3.3.5 Disciplinary steps taken for not complying with the prescribed timeframes for filling SMS posts within 12 months for the period 1 April 2016 and 31 March 2017

Reasons for Vacancies Not Advertised Within Six Months

Not applicable

Reasons for Vacancies Not Filled Within Six Months

Not applicable

Notes

• In terms of the Public Service Regulations Chapter 1, Part VII C.1A.2, departments must indicate good cause or reason for not having complied with the filling of SMS posts within the prescribed timeframes. In the event of non-compliance with this regulation, the relevant executive authority or head of department must take appropriate disciplinary steps in terms of section 16A (1) or (2) of the Public Service Act.

1.4 Job Evaluation

Within a nationally determined framework, executing authorities may evaluate or re-evaluate any job in his or her organisation.

In terms of the Regulations all vacancies on salary levels 9 and higher must be evaluated before they are filled. The following

table summarises the number of jobs that were evaluated during the year under review. The table also provides statistics on the

number of posts that were upgraded or downgraded.

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81IPID I ANNUAL REPORT I 2016/2017

Table 3.4.1 Job Evaluation by Salary band for the period 1 April 2016 and 31 March 2017

• There were no job evaluations for the period under review

The following table provides a summary of the number of employees whose positions were upgraded due to their post being

upgraded. The number of employees might differ from the number of posts upgraded since not all employees are automatically

absorbed into the new posts and some of the posts upgraded could also be vacant.

Table 3.4.2 Profile of employees whose positions were upgraded due to their posts being upgraded for the period 1 April 2016 and 31 March 2017

• There were no employees whose positions were upgraded.

Table 3.4.3 Employees with salary levels higher than those determined by job evaluation by occupation for the period 1 April 2016 and 31 March 2017

• There were no employees with salary levels higher than those determined by job evaluation.

Table 3.4.4 Profile of employees who have salary levels higher than those determined by job evaluation for the period 1 April 2016 and 31 March 2017

• There were no employees with salary levels higher than those determined by job Evaluation.

1.5 Employment Changes

This section provides information on changes in employment over the financial year. Turnover rates provide an indication of

trends in the employment profile of the Department. The following tables provide a summary of turnover rates by salary band and

critical occupations (see definition in notes below).

Table 3.5.1 Annual Turnover Rates by Salary Band for the Period 1 April 2016 and 31 March 2017

Salary band Number of employees at beginning of period 01 April

2016

Appointments and transfers into the

department

Terminations and transfers out of the

department

Turnover rate

Skilled (Levels 3-5) 72 8 10 13.8

Highly skilled production (Levels 6-8) 149 14 13 8.7

Highly skilled supervision (Levels 9-12) 118 13 11 9.3

Senior Management Service Bands A 21 4 3 14.2

Senior Management Service Bands B 14 0 5 35.7

Senior Management Service Bands C 1 0 0 0

Senior Management Service Bands D 0 0 0 0

Contracts 0 0 0 0

Total 375 39 42 11.2

Table 3.5.2 Annual Turnover Rates by Critical Occupation for the Period 1 April 2016 and 31 March 2017

• There were no critical occupations in the Department during the period under review.

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Table 3.5.3 Reasons Why Staff Left the Department for the period 1 April 2016 and 31 March 2017

The table below identifies the major reasons why staff left the Department.

Termination Type Number % of Total Resignations

Death 1 2.4

Resignation 23 54.8

Expiry of contract 0 0

Dismissal – operational changes 0 0

Dismissal – misconduct 2 4.8

Dismissal – inefficiency 0 0

Discharged due to ill health 0 0

Retirement 0 0

Transfer to other Public Service Departments 16 38.0

Other 0 0

Total 42 100

Total number of employees who left as a % of total employment 370 11.3

Table 3.5.4 Promotions by critical occupation for the period 1 April 2016 and 31 March 2017

• There were no critical occupations in the Department during the period under review

Table 3.5.5 Promotions by salary band for the period 1 April 2016 and 31 March 2017

Salary BandEmployees 1

April 2016

Promotions to another salary

level

Salary bands promotions as a % of employees by salary level

Progressions to another notch within a salary

level

Notch progression as a % of employees

by salary bands

Skilled (Levels 3-5) 72 0 0 33 45.8

Highly skilled production (Levels 6-8) 149 8 5.3 84 56.3

Highly skilled supervision (Levels 9-12) 118 22 18.6 53 44.9

Senior Management (Level 13-16) 36 1 2.7 18 50.0

Total 375 31 8.2 188 50.1

1.6 Employment Equity

Table 3.6.1 Total number of employees (including employees with disabilities) in each of the following occupational categories as on 31 March 2017

Occupational category Male Female Total

African Coloured Indian White African Coloured Indian White

Legislators, senior officials and managers 15 1 1 11 1 2 31

Professionals 21 3 2 3 18 1 1 49

Technicians and associate professionals 104 8 4 4 87 7 4 2 220

Clerks 25 0 0 0 41 3 1 0 70

Service and sales workers 0 0 0 0 0 0 0 0 0

Skilled agriculture and fishery workers 0 0 0 0 0 0 0 0 0

Craft and related trades workers 0 0 0 0 0 0 0 0 0

Plant and machine operators and assemblers

0 0 0 0 0 0 0 0 0

Elementary occupations 0 0 0 0 0 0 0 0 0

Total 165 12 6 8 157 11 6 5 370

Employees with disabilities 1 0 0 0 5 0 0 1 7

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83IPID I ANNUAL REPORT I 2016/2017

Table 3.6.2 Total number of employees (including employees with disabilities) in each of the following occupational bands as on 31 March 2017

Occupational band Male Female Total

African Coloured Indian White African Coloured Indian White

Top Management 0 1 0 0 0 0 0 0 1

Senior Management 15 0 0 1 11 0 1 2 30

Professionally qualified and experienced specialists and middle management

21 3 2 3 18 1 1 49

Skilled technical and academically qualified workers, junior management, supervisors, foreman and superintendents

104 8 4 4 87 7 4 2 220

Semi-skilled and discretionary decision making

25 0 0 0 41 3 1 70

Unskilled and defined decision making 0 0 0 0 0 0 0 0 0

Total 165 12 6 8 157 11 6 5 370

Table 3.6.3 Recruitment for the period 1 April 2016 to 31 March 2017- include promotions

Occupational band Male Female Total

African Coloured Indian White African Coloured Indian White

Top Management 2 0 0 0 0 0 0 0 2

Senior Management 2 0 0 0 0 0 0 0 2

Professionally qualified and experienced specialists and middle management

7 0 1 0 11 0 0 0 19

Skilled technical and academically qualified workers, junior management, supervisors, foreman and superintendents

13 1 0 0 11 0 1 1 27

Semi-skilled and discretionary decision making

5 0 0 0 4 0 0 0 9

Unskilled and defined decision making 0 0 0 0 0 0 0 0 0

Total 29 1 1 0 26 0 1 1 59

Employees with disabilities 0 0 0 0 1 0 0 0 0

Table 3.6.4 Promotions for the period 1 April 2016 to 31 March 2017.

Occupational band Male Female Total

African Coloured Indian White African Coloured Indian White

Top Management 0 0 0 0 0 0 0 0 0

Senior Management 1 0 0 0 0 0 0 0 1

Professionally qualified and experienced specialists and middle management

6 0 1 0 7 0 0 0 14

Skilled technical and academically qualified workers, junior management, supervisors, foreman and superintendents

8 1 0 0 5 0 0 1 15

Semi-skilled and discretionary decision making

1 0 0 0 0 0 0 0 1

Unskilled and defined decision making 0 0 0 0 0 0 0 0 0

Total 16 1 1 0 12 0 0 1 31

Employees with disabilities 0 0 0 0 0 0 0 0 0

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84 IPID I ANNUAL REPORT I 2016/2017

Table 3.6.5 Terminations for the period 1 April 2016 to 31 March 2017

Occupational band Male Female Total

African Coloured Indian White African Coloured Indian White

Top Management 0 0 0 0 0 0 0 0 0

Senior Management 2 0 1 0 2 0 0 0 5

Professionally qualified and experienced specialists and mid0management

6 1 0 0 2 0 0 0 9

Skilled technical and academically qualified workers, junior management, supervisors, foreman and superintendents

2 0 0 0 3 2 1 0 8

Semi-skilled and discretionary decision making

2 0 0 0 2 0 0 0 4

Unskilled and defined decision making 0 0 0 0 0 0 0 0 0

Total 12 1 1 0 9 2 1 0 26

Employees with Disabilities 0 0 0 0 2 0 0 0 2

Table 3.6.6 Disciplinary action for the period 1 April 2016 to 31 March 2017

• No disciplinary action related to Employment Equity.

Table 3.6.7 Skills development for the period 1 April 2016 to 31 March 2017

• There was no skills development conducted to address employment equity

1.7 Signing of Performance Agreements by SMS Members

All members of the SMS must conclude and sign performance agreements within specific timeframes. Information regarding

the signing of performance agreements by SMS members, the reasons for not complying within the prescribed timeframes and

disciplinary steps taken is presented here.

Table 3.7.1 Signing of Performance Agreements by SMS members as on 31 May 2016

SMS Level Total number of funded SMS

posts

Total number of SMS members

Total number of signed

performance agreements

Signed performance agreements as % of total number of SMS

members

Director-General/ Head of Department 0 0 0 0

Salary Level 16 0 0 0 0

Salary Level 15 1 1 1 100

Salary Level 14 14 12 10 83.3

Salary Level 13 22 22 18 81.8

Total 37 35 29 82.8

Notes

In the event of a National or Provincial election occurring within the first three months of a financial year all members of the SMS

must conclude and sign their performance agreements for that financial year within three months following the month in which

the elections took place. For example if elections took place in April, the reporting date in the heading of the table above should

change to 31 July 2017.

Table 3.7.2 Reasons for not having concluded Performance agreements for all SMS members as on 31 May 2016

Reasons

Four members did not conclude their Performance Agreements by 31 May 2016, due to suspension. Two members signed late

Notes

• The reporting date in the heading of this table should be aligned with that of Table 3.7.1.

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85IPID I ANNUAL REPORT I 2016/2017

Table 3.7.3 Disciplinary steps taken against SMS members for not having concluded Performance agreements as on 31 May 2016

Reasons

Preliminary investigation was conducted against two officials but subsequently withdrawn. The other four SMS members were on suspension as of the 31st of May 2016.

Notes

• The reporting date in the heading of this table should be aligned with that of Table 3.7.1

1.8 Performance Rewards

To encourage good performance, the department has granted the following performance rewards during the year under review.

The information is presented in terms of race, gender, disability, salary bands and critical occupations (see definition in notes

below).

Table 3.8.1 Performance Rewards by race, gender and disability for the period 1 April 2016 to 31 March 2017

Race and Gender

Beneficiary Profile Cost

Number of beneficiaries

Number of employees

% of total within group

Cost (R’000) Average cost per employee

African

Male 45 164 27.4% 931 20.7

Female 31 152 20.4% 501 16.2

Asian

Male 0 6 0 0 0

Female 2 6 33.3% 33 16.5

Coloured

Male 2 12 16.7% 32 16.0

Female 4 11 36.4% 61 15.3

White

Male 5 8 62.8% 104 20.8

Female 1 4 25.0% 22 22.0

Employees with a Disability 1 7 14.3% 34 34.0

Total 91 370 24.6% 1 718 18.9

Table 3.8.2 Performance Rewards by salary band for personnel below Senior Management Service for the period 1 April 2016 to 31 March 2017

Salary bandBeneficiary Profile Cost

Number of beneficiaries

Number of employees

% of total within salary bands

Total Cost (R’000)

Average cost per employee

Skilled (level 3-5) 15 70 21.4% 137 9.1

Highly skilled production (level 6-8) 39 142 27.5% 702 18.0

Highly skilled supervision (level 9-12) 37 126 29.4% 879 23.8

Total 91 338 26.9% 1 718 18.9

Table 3.8.3 Performance Rewards by critical occupation for the period 1 April 2016 to 31 March 2017

• There were no performance rewards by critical occupation for the period under review

Table 3.8.4 Performance related rewards (cash bonus), by salary band for Senior Management Service for the period 1 April 2016 to 31 March 2017

• There were no performance related rewards for SMS members for the period under review.

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86 IPID I ANNUAL REPORT I 2016/2017

1.9 Foreign Workers

• The tables below summarise the employment of foreign nationals in the department in terms of salary band and major occupation.

Table 3.9.1 Foreign workers by salary band for the period 1 April 2016 and 31 March 2017

• There were no foreign workers for the period under review.

Table 3.9.2 Foreign workers by major occupation for the period 1 April 2016 and 31 March 2017

• There were no foreign workers by major occupation for the period under review.

1.10 Leave utilisation

The Public Service Commission identified the need for careful monitoring of sick leave within the public service. The following

tables provide an indication of the use of sick leave and disability leave. In both cases, the estimated cost of the leave is also

provided.

Table 3.10.1 Sick leave for the period 1 January 2016 to 31 December 2016

Salary band

Total days % Days with Medical

certification

Number of Employees using sick

leave

% of total employees using sick

leave

Average days per

employee

Estimated Cost (R’000)

Skilled (levels 3-5) 570 48.0 72 21.4 7.9 429

Highly skilled production (levels 6-8) 1049 61.9 128 38.1 8.2 1 262

Highly skilled supervision (levels 9-12) 933 61.6 109 32.4 8.5 1 823

Top and Senior management (levels 13-16) 278 61.1 25 7.4 11.1 1 035

Total 2830 58.2 334 100 8.9 1 137

Table 3.10.2 Disability leave (temporary and permanent) for the period 1 January 2016 to 31 December 2016

Salary band

Total days % Days with Medical

certification

Number of Employees

using disability

leave

% of total employees

using disability

leave

Average days per

employee

Estimated Cost (R’000)

Skilled (Levels 3-5) 0 0 0 0 0 0

Highly skilled production (Levels 6-8) 0 0 0 0 0 0

Highly skilled supervision (Levels 9-12) 0 0 0 0 0 0

Senior management (Levels 13-16) 27 100 1 100 27 89

Total 27 100 1 100 27 89

Table 3.10.3 Annual Leave for the period 1 January 2016 to 31 December 2016

The table below summarises the utilisation of annual leave. The wage agreement concluded with trade unions in the PSCBC in

2000 requires management of annual leave to prevent high levels of accrued leave being paid at the time of termination of service.

Salary band Total days taken Number of Employees using annual leave

Average per employee

Skilled Levels 3-5) 1 424 87 16

Highly skilled production (Levels 6-8) 2 944 184 16

Highly skilled supervision(Levels 9-12) 2 768 137 20

Senior management (Levels 13-16) 711 36 19

Total 7 847 444 17

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87IPID I ANNUAL REPORT I 2016/2017

Table 3.10.4 Capped leave for the period 1 January 2016 to 31 December 2016

Salary bandTotal days of capped leave

taken

Number of Employees using

capped leave

Average number of days taken per

employee

Average capped leave per employee as on 31 March

2017

Lower skilled (Levels 1-2) 0 0 0 0

Skilled Levels 3-5) 0 0 0 0

Highly skilled production (Levels 6-8) 378 12 0 31

Highly skilled supervision(Levels 9-12) 1 892 35 0 54

Senior management (Levels 13-16) 263 10 0 26

Total 2 533 57 0 44

Table 3.10.5 Leave payouts for the period 1 April 2016 and 31 March 2017

The following table summarise payments made to employees as a result of leave that was not taken.

Reason Total amount (R’000)

Number of employees

Average per employee (R’000)

Leave payout for 2015/16 due to non-utilisation of leave for the previous cycle 329 13 25

Capped leave payouts on termination of service for 2015/16 502 11 45

Current leave payout on termination of service for 2015/16 0 4 0

Total 831 28 29

3.11 HIV/AIDS & Health Promotion Programmes

Table 3.11.1 Steps taken to reduce the risk of occupational exposure

Units/categories of employees identified to be at high risk of contracting HIV & related diseases (if any)

Key steps taken to reduce the risk

The Investigators Personal Protective Equipment for example: latex gloves and face masks.

Table 3.11.2 Details of Health Promotion and HIV/AIDS Programmes (tick the applicable boxes and provide the required information)

Question Yes No Details, if yes1. Has the department designated a member of the SMS

to implement the provisions contained in the Public Service Regulations, 2016? If so, provide her/his name and position.

X The Director: HRM and Development Services, Ms S Phalatsi.

2. Does the department have a dedicated unit or has it designated specific staff members to promote the health and well0being of your employees? If so, indicate the number of employees who are involved in this task and the annual budget that is available for this purpose.

X The Unit: Employee Health and Wellness (EHW) is responsible for the overall wellbeing of employees.

3. Has the department introduced an Employee Assistance or Health Promotion Programme for your employees? If so, indicate the key elements/services of this Programme.

X • Resilience Programme for investigators.

• Crisis and Trauma Management.

• Health and Life Management Services.

• Face to Face Counselling.

• Psychological and Psychosocial Services.

• Fitness and Nutrition Management.

• Management of HIV and AIDS and other chronic illness.

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88 IPID I ANNUAL REPORT I 2016/2017

Question Yes No Details, if yes4. Has the department established (a) committee(s) as

contemplated in Part 3 Clause 55. (6)(d) of Chapter 4 of the Public Service Regulations, 2016? If so, please provide the names of the members of the committee and the stakeholder(s) that they represent.

X The Employee and Wellness Committee forms part of the Occupational Health and Safety Committee. The names of the members are:

• Mr T Nemusimbori

• Ms K Rathokolo

• Ms L Saohatse

• Mr T Mokiri

• Mr W Mkgalaka

• Mr T Tsiu

• Ms I Lentswane

5. Has the department reviewed its employment policies and practices to ensure that these do not unfairly discriminate against employees on the basis of their HIV status? If so, list the employment policies/practices so reviewed.

X The existing HIV/AIDS Policy was not reviewed during this period. The Department is still utilising the Policy as reviewed in 2015/2016.

6. Has the department introduced measures to protect HIV positive employees or those perceived to be HIV positive from discrimination? If so, list the key elements of these measures.

X • When it comes to record keeping, no flags or symbols will be used on personnel files or other records to indicate HIV/AIDS status.

• No employee services will be terminated on the grounds of his/her HIV/AIDS status.

• The termination of services on grounds of ill-health due to HIV/AIDS related illness will be dealt with within the provisions of the Policy and Procedure on Incapacity Leave and Ill0health.

• The Pledge of Confidentiality (Annexure H) is completed by all employees dealing with PILIR.

7. Does the department encourage its employees to undergo HIV Counselling and Testing (HCT)? If so, list the results that you have achieved.

X • In line with the HIV/AIDS and TB management policy, all staff members are encouraged to voluntary participate during HCT campaigns. During the period under review 19 HCT campaigns were conducted nationally and provincially.

8. Has the department developed measures/indicators to monitor & evaluate the impact of its health promotion programme? If so, list these measures/indicators.

X • The behavioural outcome is usually determined through follow up workshops.

• The Resilience Programme was monitored through individual telephonic follow up with the affected employees, 8 sessions took place provincially.

• The utilisation of the gym is monitored through a Register and 69 officials were registered on the GEMS fitness programme as part of the Fitness and nutrition management. As part of the physical wellness 86 official registered for the big walk.

• Fifty Four (54) Psychological and Psychosocial Services were provided; this included one-on-one and telephonic sessions.

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3.12 Labour Relations

Table 3.12.1 Collective agreements for the period 1 April 2016 and 31 March 2017

Total number of Collective agreements 0

Table 3.12.2 Misconduct and disciplinary hearings finalised for the period 1 April 2016 and 31 March 2017

The following table summarises the outcome of disciplinary hearings conducted within the department for the year under review.

Outcomes of disciplinary hearings Number % of total

Correctional counselling 0 0

Verbal warning 0 0

Written warning 0 0

Final written warning 0 0

Suspended without pay 0 0

Fine 1 14.28%

Demotion 0 0

Dismissal 1 14.28%

Not guilty 0 0

Case withdrawn 4 57.14%

Case declared unlawful and invalid by the court 1 14.28%

Total 7 100%

Table 3.12.3 Types of misconduct addressed at disciplinary hearings for the period 1 April 2015 and 31 March 2016

Type of misconduct Number % of total

Dishonesty 3 33.33%

Contravention of Policy 4 44.44%

Fraud 0 0

Negligence 0 0

Leaking of information 1 11.11%

Improper behaviour in the workplace 1 11.11%

Total 9 100%

Table 3.12.4 Grievances logged for the period 1 April 2016 and 31 March 2017

Grievances Number % of Total

Number of grievances resolved 16 94.11%

Number of grievances not resolved 1 5.89%

Total number of grievances lodged 17 100%

Table 3.12.5 Disputes logged with Councils for the period 1 April 2016 and 31 March 2017

Disputes Number % of Total

Number of disputes upheld 8 42.11%

Number of disputes dismissed 4 21.05%

Pending 7 36.84%

Total number of disputes lodged 19 100%

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90 IPID I ANNUAL REPORT I 2016/2017

Table 3.12.6 Strike actions for the period 1 April 2016 and 31 March 2017

• There were no strike actions for these period

Table 3.12.7 Precautionary suspensions for the period 1 April 2016 and 31 March 2017

Number of people suspended 6

Number of people whose suspension exceeded 30 days 6

Average number of days suspended 367

Cost of suspension(R’000) R6 348 409.18

3.13 Skills Development

Table 3.13.1 Training needs identified for the period 1 April 2016 and 31 March 2017

This section highlights the efforts of the department with regard to skills development.

Occupational categoryGender Number of

employees as at 1 April 2016

Training needs identified at start of the reporting period

Learnerships Skills Programmes & other short courses

Other forms of training

Total

Legislators, senior officials and managers

Female 14 0 13 0 13

Male 18 0 12 0 12

ProfessionalsFemale 26 0 26 0 26

Male 17 0 19 0 19

Technicians and associate professionals

Female 67 0 50 0 50

Male 124 0 93 0 93

Clerks Female 68 0 49 0 49

Male 30 0 23 0 23

Service and sales workersFemale 5 0 1 0 1

Male 4 0 0 0 0

Skilled agriculture and fishery workers

Female 0 0 0 0 0

Male 0 0 0 0 0

Craft and related trades workersFemale 0 0 0 0 0

Male 0 0 0 0 0

Plant and machine operators and assemblers

Female 0 0 0 0 0

Male 0 0 0 0 0

Elementary occupationsFemale 0 0 0 0 0

Male 0 0 0 0 0

Sub TotalFemale 0 0 0 0 0

Male 0 0 0 0 0

Total 373 0 286 0 286

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91IPID I ANNUAL REPORT I 2016/2017

Table 3.13.2 Training provided for the period 1 April 2016 and 31 March 2017

Occupational category Gender Number of employees as at 1 April 2015

Training provided within the reporting period

Learnerships Skills Programmes & other short courses

Other forms of training

Total

Legislators, senior officials and managers

Female 14 0 34 0 34

Male 18 0 18 0 18

ProfessionalsFemale 26 0 7 0 7

Male 17 0 10 0 10

Technicians and associate professionals

Female 67 0 42 0 42

Male 124 0 59 0 59

Clerks Female 68 0 53 0 53

Male 30 0 33 0 33

Service and sales workersFemale 5 0 0 0 0

Male 4 0 0 0 0

Skilled agriculture and fishery workers

Female 0 0 0 0 0

Male 0 0 0 0 0

Craft and related trades workers

Female 0 0 0 0 0

Male 0 0 0 0 0

Plant and machine operators and assemblers

Female 0 0 0 0 0

Male 0 0 0 0 0

Elementary occupationsFemale 0 0 0 0 0

Male 0 0 0 0 0

Sub TotalFemale 0 0 0 0 0

Male 0 0 0 0 0

Total 373 273 256

1.14 Injury on duty

The following tables provide basic information on injury on duty.

Table 3.14.1 Injury on duty for the period 1 April 2016 and 31 March 2017

Nature of injury on duty Number % of total

Required basic medical attention only 2 100

Temporary Total Disablement 0 0

Permanent Disablement 0 0

Fatal 0 0

Total 2 100

1.15 Utilisation of Consultants

The following table relates information on the utilisation of consultants in the department. In terms of the Public Service

Regulations “consultant’ means a natural or juristic person or a partnership who or which provides in terms of a specific contract

on an ad hoc basis any of the following professional services to a department against remuneration received from any source:

a. The rendering of expert advice;

b. The drafting of proposals for the execution of specific tasks; and

c. The execution of a specific task which is of a technical or intellectual nature, but excludes an employee of a department.

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92 IPID I ANNUAL REPORT I 2016/2017

Table 3.15.1 Report on consultant appointments using appropriated funds for the period 1 April 2016 and 31 March 2017

Project title Total number of consultants that worked on project

Duration (work days) Contract value in Rand

Health Risk Manager (PILIR) 1 As and when required R 60 361.74

Total number of projects Total individual consultants Total duration Work days

Total contract value in Rand

0 0 0 0

Table 3.15.2 Analysis of consultant appointments using appropriated funds, in terms of Historically Disadvantaged Individuals (HDIs) for the period 1 April 2016 and 31 March 2017

Project title Percentage ownership by HDI groups

Percentage management by HDI groups

Number of consultants from HDI groups that work on the project

0 0 0 0

Table 3.15.3 Report on consultant appointments using Donor funds for the period 1 April 2016 and 31 March 2017

Project title Total Number of consultants that worked on project

Duration (Work days) Donor and contract value in Rand

0 0 0 0

Total number of projects Total individual consultants Total duration Work days

Total contract value in Rand

0 0 0 0

Table 3.15.4 Analysis of consultant appointments using Donor funds, in terms of Historically Disadvantaged Individuals (HDIs) for the period 1 April 2016 and 31 March 2017

Project title Percentage ownership by HDI groups

Percentage management by HDI groups

Number of consultants from HDI groups that work on the project

0 0 0 0

1.16 Severance Packages

Table 3.16.1 Granting of employee initiated severance packages for the period 1 April 2016 and 31 March 2017

• There were no employees granted with initiated severance packages.

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93IPID I ANNUAL REPORT I 2016/2017

PART E: FINANCIAL INFORMATION

PART E: FINANCIAL

INFORMATION

Page 95: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

94 IPID I ANNUAL REPORT I 2016/2017

1. REPORT OF THE AUDITOR GENERAL

This is the auditor’s report as issued by AGSA.

Report of the Auditor-General to Parliament on Vote No. 20: Independent Police Investigative Directorate

Report on the audit of the financial statements

Qualified opinion

1. I have audited the financial statements of the Independent Police Investigative Directorate set out on pages 100 to 138, which comprise the appropriation statement, the statement of financial position as at 31 March 2017, and the statement of financial performance, statement of changes in net assets and cash flow statement for the year then ended, as well as the notes to the financial statements, including a summary of significant accounting policies.

2. In my opinion, except for the possible effects of the matter described in the basis for qualified opinion section of my report, the financial statements present fairly, in all material respects, the financial position of the Independent police investigative directorate as at 31 March 2017, and its financial performance and cash flows for the year then ended in accordance with the Modified Cash Standards (MCS) and the requirements of the Public Finance Management Act 1 of 1999 (PFMA).

Basis for qualified opinion

Accruals

3. The department did not disclose all goods and services received but not yet paid at year end in accordance with Modified Cash Standards, General Departmental Assets and Liabilities. The effect on the financial statements was that accruals were understated by R9 272 000.

4. I conducted my audit in accordance with the International Standards on Auditing (ISAs). My responsibilities under those standards are further described in the auditor-general’s responsibilities for the audit of the financial statements section of my report.

5. I am independent of the department in accordance with the International Ethics Standards Board for Accountants’ Code of ethics for professional accountants (IESBA code) together with the ethical requirements that are relevant to my audit in South Africa. I have fulfilled my other ethical responsibilities in accordance with these requirements and the IESBA code.

6. I believe that the audit evidence I have obtained is sufficient and appropriate to provide a basis for my qualified opinion.

Material uncertainty related to going concern

7. I draw attention to Note 19 in the financial statements; the department has conditions along with other matters that indicate that a material uncertainty exists that may cast significant doubt on the department’s ability to continue as a going concern. My opinion is not modified in respect of this matter.

Emphasis of matters

I draw attention to the matter below. My opinion is not modified in respect of this matter.

Accruals not recognised

8. As disclosed in note 20.1 to the financial statements, accruals, which exceed the payment term of 30 days as required in Treasury Regulation 8.2.3 amount to R17 682 000. This amount, in turn, exceeds the voted funds to be surrendered of R380 000 as per the statement of financial performance by R17 302 000. The amount of R17 302 000 would therefore have constituted unauthorised expenditure had the amounts due been paid in a timely manner.

Other matter

I draw attention to the matter below. My opinion is not modified in respect of this matter.

Unaudited supplementary schedules

9. The supplementary information set out on pages 139 to 144 does not form part of the financial statements and is presented as additional information. I have not audited these schedules and, accordingly, I do not express an opinion thereon.

ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

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95IPID I ANNUAL REPORT I 2016/2017

Responsibilities of the Accounting Officer for the financial statements

10. The accounting officer is responsible for the preparation and fair presentation of the financial statements in accordance with Modified Cash Standards (MCS) and the requirements of the Public Finance Management Act 1 of 1999 (PFMA) and for such internal control as the accounting officer determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error.

11. In preparing the financial statements, the accounting officer is responsible for assessing the department’s ability to continue as a going concern, disclosing, as applicable, matters relating to going concern and using the going concern basis of accounting unless the accounting officer unless there is an intention to liquidate the department or to cease operations, or there is no realistic alternative but to do so.

Auditor-general’s responsibilities for the audit of the financial statements

12. My objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes my opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with ISAs will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of the financial statements.

13. A further description of my responsibilities for the audit of the financial statements is included in the annexure to the auditor’s report.

Report on the audit of the annual performance report

Introduction and scope

14. In accordance with the Public Audit Act of South Africa, 2004 (Act No. 25 of 2004) (PAA) and the general notice issued in terms thereof I have a responsibility to report material findings on the reported performance information against predetermined objectives for selected programme presented in the annual performance report. I performed procedures to identify findings but not to gather evidence to express assurance.

15. My procedures address the reported performance information, which must be based on the approved performance planning documents of the department. I have not evaluated the completeness and appropriateness of the performance indicators included in the planning documents. My procedures also did not extend to any disclosures or assertions relating to planned performance strategies and information in respect of future periods that may be included as part of the reported performance information. Accordingly, my findings do not extend to these matters.

16. I evaluated the usefulness and reliability of the reported performance information in accordance with the criteria developed from the performance management and reporting framework, as defined in the general notice, for the following selected programme presented in the annual performance report of the department for the year ended 31 March 2017:

Programme Pages in the annual performance report

Programme 2 – Investigation and Information Management 25 – 28

17. I performed procedures to determine whether the reported performance information was properly presented and whether performance was consistent with the approved performance planning documents. I performed further procedures to determine whether the indicators and related targets were measurable and relevant, and assessed the reliability of the reported performance information to determine whether it was valid, accurate and complete.

18. The material findings in respect of the usefulness and reliability of the selected programme are as follows:

Programme 2 – Investigation and information management

Various Indicators

Reported achievement did not agree with the evidence provided.

19. For the indicators listed below, material misstatements were identified where management reported achievement in performance but the evidence provided did not indicate that the performance was achieved. This resulted in misstatements of the reported targets

ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

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96 IPID I ANNUAL REPORT I 2016/2017

Performance Indicators Reported achievement Audited value

Percentage of investigations of discharge of an official firearm cases by a police officer that are decision ready (finalised)

49% 32%

Percentage investigations of corruption cases that are decision ready (finalised) 43% 33%

Percentage of investigations of other criminal and misconduct matters referred to in section 28(1)(h) and 35 (1)(b) of the IPID Act that are decision ready (finalised)

35% 21%

Percentage reduction of backlog cases (excluding cases of systemic corruption) 45% 35%

Other matters

I draw attention to the matters below. My opinion is not modified in respect of these matters.

Achievement of planned targets

20. Refer to the annual performance report on pages 25 to 28 for information on the achievement of planned targets for the year and explanations provided for the under achievement of a significant number of targets. This information should be considered in the context of the material findings on the usefulness and reliability of the reported performance information in the paragraph of this report.

Adjustment of material misstatement

21. I identified material misstatements in the annual performance report submitted for auditing. These material misstatements were on the reported performance information of investigations and information management. As management subsequently corrected only some of the misstatements, I reported material findings on the usefulness and reliability of the reported performance information programme.

Report on audit of compliance with legislation

Introduction and scope

22. In accordance with the PAA and the general notice issued in terms thereof I have a responsibility to report material findings on the compliance of the department with specific matters in key legislation. I performed procedures to identify findings but not to gather evidence to express assurance.

23. The material findings in respect of the compliance criteria for the applicable subject matters are as follows:

Annual financial statements, performance and annual reports

24. The financial statements submitted for auditing were not prepared fully in accordance with the prescribed financial reporting framework as required by section 40(1) (b) of the PFMA.

25. Material misstatements identified by the auditors in the submitted financial statements were not adequately corrected, which resulted in the financial statements receiving a qualified audit opinion.

Expenditure Management

26. Effective steps were not taken to prevent irregular expenditure amounting to R 21 532 000 as disclosed in note 23 to the annual financial statements, as required by section 38(1) (c) (ii) of the PFMA and treasury regulation 9.1.1. The majority of the disclosed expenditure relate to contracts to services providers have been extended on a month to month basis for a long period of time and the reasons for deviations did not meet the requirements of Public Finance Management Act and related practice notes.

27. Effective steps were not taken to prevent fruitless and wasteful expenditure amounting to R3 230 000, as disclosed in note 24 the annual financial statements, in contravention of section 38(1) (c) (ii) of the PFMA and treasury regulation 9.1.1. These expenses that could have being avoided were incurred as a result of strategic decisions taken on the re-organisation process of the department and suspension of a senior member.

28. Contractual obligations and money owed by the department were not met and settled within 30 days / an agreed period, as required by section 38(1)(f ) of the PFMA and treasury regulation 8.2.3. Due to budgetary constraints, management made a decision to suspend some payments and prioritise settlement of money owed to certain providers.

ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

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97IPID I ANNUAL REPORT I 2016/2017

Procurement and Contract Management

29. Quotations were awarded to bidders based on preference points that were not allocated and calculated in accordance with the requirements of the Preferential Procurement Policy Framework Act and its regulations. B-BBEE Points were awarded to bidders who did not submit an original B-BBEE certificates and an incorrect lowest acceptable offer (p-min) was used in the preferential point system formula.

Consequence management

30. Disciplinary steps were not taken against officials who incurred and/or permitted irregular expenditure which was incurred in the prior year, as required by section 38(1) (h) (iii) of the PFMA.

Other information

31. The department’s accounting officer is responsible for the other information. The other information comprises the information included in the annual report which includes the audit committee’s report. The other information does not include the financial statements, the auditor’s report thereon and the selected programme presented in the annual performance report that has been specifically reported on in the auditor’s report.

32. My opinion on the financial statements and findings on the reported performance information and compliance with legislation do not cover the other information and I do not express an audit opinion or any form of assurance conclusion thereon.

In connection with my audit, my responsibility is to read the other information and, in doing so, consider whether the other

information is materially inconsistent with the financial statements and the selected programme presented in the annual

performance report, or my knowledge obtained in the audit, or otherwise appears to be materially misstated. If, based

on the work I have performed, I conclude that there is a material misstatement of this other information; I am required to

report that fact. I have nothing to report in this regard.

Internal control deficiencies

33. I considered internal control relevant to my audit of the financial statements, reported performance information and compliance with applicable legislation; however, my objective was not to express any form of assurance thereon. The matters reported below are limited to the significant internal control deficiencies that resulted in the basis for qualified opinion, the findings on the annual performance report and the findings on compliance with legislation included in this report.

Leadership

34. Leadership did not ensure adherence to the formal code of conduct as there were instances where management overrode controls relating to performance information reporting which resulted in performance information reports being overstated. Leadership is investigating the cases, as indicated under the other reports section of this report.

35. Leadership did not perform adequate reviews and monitoring of internal policies and procedures relating to annual financial statements, performance information and compliance to laws and regulations.

Financial and Performance Management

36. Management did not prepare regular, accurate and complete performance reports to ensure that reported decision ready cases where appropriately investigated as per the standard operating procedures.

The performance information system is configured in such a manner, that all cases that are registered for investigation

by the department are closed off as decision ready, even were investigation was not performed. This has resulted in the

overstatement reported performance information.

37. Management did not perform adequate reviews on the accruals schedules to ensure that all goods and service received at year end but not yet paid were completely disclosed as accruals.

ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

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98 IPID I ANNUAL REPORT I 2016/2017

Other reports

38. I draw attention to the following engagements conducted by various parties that had, or could have, an impact on the matters reported in the department’s financial statements, reported performance information, compliance with applicable legislation and other related matters. These reports did not form part of my opinion on the financial statements or my findings on the reported performance information or compliance with legislation.

39. Internal investigations are being conducted relating to special closure of cases that resulted to the overstatement of performance information. The investigations are still underway.

Pretoria

31 July 2017

ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

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ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

99IPID I ANNUAL REPORT I 2016/2017

TABLE OF CONTENTS

Appropriation Statement 100

Notes to the Appropriation Statement 115

Statement of Financial Performance 117

Statement of Financial Position 118

Cash Flow Statement 119

Notes to the Annual Financial Statements (including Accounting policies) 120

Annexures 139

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ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

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ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

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722

Page 103: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

APP

ROPR

IATI

ON

STA

TEM

ENT

for t

he y

ear e

nded

31

Mar

ch 2

017

102 IPID I ANNUAL REPORT I 2016/2017

App

ropr

iatio

n pe

r eco

nom

ic c

lass

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563

Page 104: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

APP

ROPR

IATI

ON

STA

TEM

ENT

for t

he y

ear e

nded

31

Mar

ch 2

017

103IPID I ANNUAL REPORT I 2016/2017

Prog

ram

me

1: A

dmin

istr

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n 20

16/1

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13

Page 105: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

APP

ROPR

IATI

ON

STA

TEM

ENT

for t

he y

ear e

nded

31

Mar

ch 2

017

104 IPID I ANNUAL REPORT I 2016/2017

Prog

ram

me

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04

Page 106: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

APP

ROPR

IATI

ON

STA

TEM

ENT

for t

he y

ear e

nded

31

Mar

ch 2

017

105IPID I ANNUAL REPORT I 2016/2017

1.2

CORP

ORA

TE S

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CES

2016

/17

2015

/16

Adj

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OFF

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11

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10 6

3410

634

Page 107: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

APP

ROPR

IATI

ON

STA

TEM

ENT

for t

he y

ear e

nded

31

Mar

ch 2

017

106 IPID I ANNUAL REPORT I 2016/2017

1.4

INTE

RNA

L AU

DIT

20

16/1

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15/1

6A

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84

Page 108: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

APP

ROPR

IATI

ON

STA

TEM

ENT

for t

he y

ear e

nded

31

Mar

ch 2

017

107IPID I ANNUAL REPORT I 2016/2017

Prog

ram

me

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737

Page 109: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

APP

ROPR

IATI

ON

STA

TEM

ENT

for t

he y

ear e

nded

31

Mar

ch 2

017

108 IPID I ANNUAL REPORT I 2016/2017

Cons

umab

le: S

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037

10 9

20

Page 110: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

APP

ROPR

IATI

ON

STA

TEM

ENT

for t

he y

ear e

nded

31

Mar

ch 2

017

109IPID I ANNUAL REPORT I 2016/2017

2.2

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STIG

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4 05

5

Page 111: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

APP

ROPR

IATI

ON

STA

TEM

ENT

for t

he y

ear e

nded

31

Mar

ch 2

017

110 IPID I ANNUAL REPORT I 2016/2017

Prog

ram

me

3: L

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Cons

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129

8

Page 112: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

APP

ROPR

IATI

ON

STA

TEM

ENT

for t

he y

ear e

nded

31

Mar

ch 2

017

111IPID I ANNUAL REPORT I 2016/2017

Trai

ning

and

dev

elop

men

t

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ratin

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3

Page 113: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

APP

ROPR

IATI

ON

STA

TEM

ENT

for t

he y

ear e

nded

31

Mar

ch 2

017

112 IPID I ANNUAL REPORT I 2016/2017

3.2

LITI

GAT

ION

AD

VISO

RY S

ERVI

CES

2016

/17

2015

/16

Adj

uste

d A

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pria

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Page 114: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

APP

ROPR

IATI

ON

STA

TEM

ENT

for t

he y

ear e

nded

31

Mar

ch 2

017

113IPID I ANNUAL REPORT I 2016/2017

Prog

ram

me

4: C

OM

PLIA

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--

Page 115: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

APP

ROPR

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ON

STA

TEM

ENT

for t

he y

ear e

nded

31

Mar

ch 2

017

114 IPID I ANNUAL REPORT I 2016/2017

Tran

sfer

s an

d su

bsid

ies

-

70

2

03

2

73

2

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- 10

0.1%

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4.1

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2016

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2015

/16

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3 55

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146

117

Page 116: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

NOTES TO THE APPROPRIATION STATEMENTfor the year ended 31 March 2017

ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

115IPID I ANNUAL REPORT I 2016/2017

1. Detail of transfers and subsidies as per Appropriation Act (after Virement):

Detail of these transactions can be viewed in the note on Transfers and subsidies, disclosure notes and Annexure 1 (A-H) to the

Annual Financial Statements.

2. Detail of specifically and exclusively appropriated amounts voted (after Virement):

Detail of these transactions can be viewed in note 1 (Annual Appropriation) to the Annual Financial Statements.

3. Detail on payments for financial assets

Detail of these transactions per programme can be viewed in the note on Payments for financial assets to the Annual Financial

Statements.

4. Explanations of material variances from Amounts Voted (after Virement):

4.1 Per programme Final Appropriation

Actual Expenditure

Variance R’000 Variance as a % of Final

Appropriation

Programme 1 72 522 72 374 148 0.20%

AdministrationThe Programme 1 spending is satisfactory at more than 99%; however the Programme registered accruals due to insufficient funds prior to end of the financial year.

Programme 2 155 658 155 483 175 0.11%

Investigation and Information Management

The Programme 2 spending is also satisfactory at more than 99% however it registered accruals due to insufficient funds prior to end of the financial year.

Programme 3 5 288 5 235 53 0.98%

Legal Services The spending level in Programme 3 is within the target with some unanticipated legal costs which were deferred due to the limited funds.

Programme 4 8 642 8 638 4 0.05%

Compliance Monitoring and Stakeholder ManagementSpending level of Programme 4 is within the spending target at more than 99% spending of the allocated budget.

Page 117: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

NOTES TO THE APPROPRIATION STATEMENTfor the year ended 31 March 2017

116 IPID I ANNUAL REPORT I 2016/2017

4.2 Per economic classification Final Appropriation

Actual Expenditure

Variance Variance as a % of Final

AppropriationR’000 R’000 R’000 R’000

Current paymentsCompensation of employees 169 577 169 179 397 0.23%

Goods and services 70 712 70 729 (17) -0.02%

Transfers and subsidiesDepartmental agencies and accounts 549 549 - 0.00%

Households 895 894 - 0.00%

Payments for capital assetsBuildings and other fixed structures

Machinery and equipment 286 286 - 0.00%

Payments for financial assets 93 93 - 0.00%

The overall spending of the Directorate is at the acceptable rate of more than 99% in the economic classifications with the spending pressure reported in goods and services due to limited budget allocation against the growing mandate of the IPID. Whilst the overall spending is satisfactory, it must be noted that the Directorate reported accruals due to the depletion of the limited budget allocation prior to the end of financial year.

Page 118: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

for the year ended 31 March 2017

ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

117IPID I ANNUAL REPORT I 2016/2017

STATEMENT OF FINANCIAL PERFORMANCE

Note 2016/17 2015/16R’000 R’000

REVENUEAnnual appropriation 1 242 111 234 781Departmental revenue 2 285 161

TOTAL REVENUE 242 396 234 942

EXPENDITURECurrent expenditureCompensation of employees 3 169 179 149 559

Goods and services 4 70 729 81 617

Total current expenditure 239 908 231 176

Transfers and subsidiesTransfers and subsidies 6 1 444 623

Total transfers and subsidies 1 444 623

Expenditure for capital assetsTangible assets 7 286 2 356

Total expenditure for capital assets 286 2 356

Payments for financial assets 5 93 2

TOTAL EXPENDITURE 241 731 234 157

SURPLUS/(DEFICIT) FOR THE YEAR 665 785

Reconciliation of Net Surplus/(Deficit) for the yearVoted funds 380 624

Annual appropriation - -Departmental revenue and NRF Receipts 13 285 161

SURPLUS/(DEFICIT) FOR THE YEAR 665 785

Page 119: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

118 IPID I ANNUAL REPORT I 2016/2017

as at 31 March 2017STATEMENT OF FINANCIAL POSITION

Note 2016/17 2015/16R’000 R’000

ASSETS

Current assets 1 342 974Unauthorised expenditure 8 891 891

Cash and cash equivalents 9 - 1

Prepayments and advances 10 25 32

Receivables 11 426 50

Non-current assets 2 77Receivables 11 2 77

TOTAL ASSETS 1 344 1 051

LIABILITIES

Current liabilities 1 344 1 051

Voted funds to be surrendered to the Revenue Fund 12 380 624

Departmental revenue and NRF Receipts to be surrendered to the Revenue Fund 13 10 13

Bank overdraft 14 871 252

Payables 15 83 162

TOTAL LIABILITIES 1 344 1 051

NET ASSETS

Page 120: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

119IPID I ANNUAL REPORT I 2016/2017

CASH FLOW STATEMENTfor the year ended 31 March 2017

Note 2016/17 2015/16R’000 R’000

CASH FLOWS FROM OPERATING ACTIVITIES

Receipts 242 396 234 942Annual appropriated funds received 1.1 242 111 234 781

Departmental revenue received 2 274 154

Interest received 2.2 11 7

Net (increase)/decrease in working capital (373) (2 436)

Surrendered to Revenue Fund (912) 2 685

Current payments (239 908) (231 176)

Payments for financial assets (93) (2)

Transfers and subsidies paid (1 444) (623)

Net cash flow available from operating activities 16 (334) 3 390

CASH FLOWS FROM INVESTING ACTIVITIES

Payments for capital assets 7 (286) (2 356)

Net cash flows from investing activities (286) (2 356)

CASH FLOWS FROM FINANCING ACTIVITIES

Net increase/(decrease) in cash and cash equivalents (620) 1 034

Cash and cash equivalents at beginning of period (251) (1 285)

Cash and cash equivalents at end of period 17 (871) (251)

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ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

120 IPID I ANNUAL REPORT I 2016/2017

ACCOUNTING POLICIESfor the year ended 31 March 2017

Summary of significant accounting policies

The financial statements have been prepared in accordance with the following policies, which have been applied consistently in all material aspects, unless otherwise indicated. Management has concluded that the financial statements present fairly the department’s primary and secondary information.

The historical cost convention has been used, except where otherwise indicated. Management has used assessments and estimates in preparing the annual financial statements. These are based on the best information available at the time of preparation.

Where appropriate and meaningful, additional information has been disclosed to enhance the usefulness of the financial statements and to comply with the statutory requirements of the Public Finance Management Act (PFMA), Act 1 of 1999 (as amended by Act 29 of 1999), and the Treasury Regulations issued in terms of the PFMA and the annual Division of Revenue Act.

1 Basis of preparation

The financial statements have been prepared in accordance with the Modified Cash Standard.

2 Going concern

The financial statements have been prepared on a going concern basis.

3 Presentation currency

Amounts have been presented in the currency of the South African Rand (R) which is also the functional currency of the department.

4 Rounding

Unless otherwise stated financial figures have been rounded to the nearest one thousand Rand (R’000).

5 Foreign currency translation

Cash flows arising from foreign currency transactions are translated into South African Rands using the spot exchange rates prevailing at the date of payment / receipt.

6 Comparative information

6.1 Prior period comparative information

Prior period comparative information has been presented in the current year’s financial statements. Where necessary figures included in the prior period financial statements have been reclassified to ensure that the format in which the information is presented is consistent with the format of the current year’s financial statements.

6.2 Current year comparison with budget

A comparison between the approved, final budget and actual amounts for each programme and economic classification is included in the appropriation statement.

7 Revenue

7.1 Appropriated funds

Appropriated funds comprises of departmental allocations as well as direct charges against the revenue fund (i.e. statutory appropriation).

Appropriated funds are recognised in the statement of financial performance on the date the appropriation becomes effective. Adjustments made in terms of the adjustments budget process are recognised in the statement of financial performance on the date the adjustments become effective.

The net amount of any appropriated funds due to / from the relevant revenue fund at the reporting date is recognised as a payable / receivable in the statement of financial position.

7.2 Departmental revenue

Departmental revenue is recognised in the statement of financial performance when received and is subsequently paid into the relevant revenue fund, unless stated otherwise.

Any amount owing to the relevant revenue fund at the reporting date is recognised as a payable in the statement of financial position.

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ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

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ACCOUNTING POLICIESfor the year ended 31 March 2017

8 Expenditure

8.1 Compensation of employees

8.1.1 Salaries and wages

Salaries and wages are recognised in the statement of financial performance on the date of payment.

8.1.2 Social contributions

Social contributions made by the department in respect of current employees are recognised in the statement of financial performance on the date of payment.

Social contributions made by the department in respect of ex-employees are classified as transfers to households in the statement of financial performance on the date of payment.

8.2 Other expenditure

Other expenditure (such as goods and services, transfers and subsidies and payments for capital assets) is recognised in the statement of financial performance on the date of payment. The expense is classified as a capital expense if the total consideration paid is more than the capitalisation threshold.

8.3 Accrued expenditure payable

Accrued expenditure payable is recorded in the notes to the financial statements when the goods are received or, in the case of services, when they are rendered to the department or in the case of transfers and subsidies when they are due and payable.

Accrued expenditure payable is measured at cost.

8.4 Leases

8.4.1 Operating leases

Operating lease payments made during the reporting period are recognised as current expenditure in the statement of financial performance on the date of payment.

The operating lease commitments are recorded in the notes to the financial statements.

9 Cash and cash equivalents

Cash and cash equivalents are stated at cost in the statement of financial position.

Bank overdrafts are shown separately on the face of the statement of financial position as a current liability.

For the purposes of the cash flow statement, cash and cash equivalents comprise cash on hand, deposits held, other short-term highly liquid investments and bank overdrafts.

10 Prepayments and advances

Prepayments and advances are recognised in the statement of financial position when the department receives or disburses the cash.

Prepayments and advances are initially and subsequently measured at cost.

<Indicate when prepayments are expensed and under what circumstances.>

11 Financial assets

11.1 Financial assets (not covered elsewhere)

A financial asset is recognised initially at its cost plus transaction costs that are directly attributable to the acquisition or issue of the financial.

At the reporting date, a department shall measure its financial assets at cost, less amounts already settled or written-off, except for recognised loans and receivables, which are measured at cost plus accrued interest, where interest is charged, less amounts already settled or written-off.

12 Payables

Loans and payables are recognised in the statement of financial position at cost.

13 Capital Assets

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13.1 Movable capital assets

Movable capital assets are initially recorded in the notes to the financial statements at cost. Movable capital assets acquired through a non-exchange transaction is measured at fair value as at the date of acquisition.

Where the cost of movable capital assets cannot be determined reliably, the movable capital assets are measured at fair value and where fair value cannot be determined; the movable assets are measured at R1.

All assets acquired prior to 1 April 2002 (or a later date as approved by the OAG) may be recorded at R1.

Movable capital assets are subsequently carried at cost and are not subject to depreciation or impairment.

Subsequent expenditure that is of a capital nature is added to the cost of the asset at the end of the capital project unless the movable asset is recorded by another department/entity in which case the completed project costs are transferred to that department.

14 Provisions and Contingents

14.1 Provisions

Provisions are recorded in the notes to the financial statements when there is a present legal or constructive obligation to forfeit economic benefits as a result of events in the past and it is probable that an outflow of resources embodying economic benefits or service potential will be required to settle the obligation and a reliable estimate of the obligation can be made. The provision is measured as the best estimate of the funds required to settle the present obligation at the reporting date.

14.2 Contingent liabilities

Contingent liabilities are recorded in the notes to the financial statements when there is a possible obligation that arises from past events, and whose existence will be confirmed only by the occurrence or non-occurrence of one or more uncertain future events not within the control of the department or when there is a present obligation that is not recognised because it is not probable that an outflow of resources will be required to settle the obligation or the amount of the obligation cannot be measured reliably.

14.3 Commitments

Commitments (other than for transfers and subsidies) are recorded at cost in the notes to the financial statements when there is a contractual arrangement or an approval by management in a manner that raises a valid expectation that the department will discharge its responsibilities thereby incurring future expenditure that will result in the outflow of cash.

15 Unauthorised expenditure

Unauthorised expenditure is recognised in the statement of financial position until such time as the expenditure is either:

• approved by Parliament or the Provincial Legislature with funding and the related funds are received; or

• approved by Parliament or the Provincial Legislature without funding and is written off against the appropriation in the statement of financial performance; or

• transferred to receivables for recovery.

Unauthorised expenditure is measured at the amount of the confirmed unauthorised expenditure.

16 Fruitless and wasteful expenditure

Fruitless and wasteful expenditure is recorded in the notes to the financial statements when confirmed. The amount recorded is equal to the total value of the fruitless and or wasteful expenditure incurred.

Fruitless and wasteful expenditure is removed from the notes to the financial statements when it is resolved or transferred to receivables for recovery.

Fruitless and wasteful expenditure receivables are measured at the amount that is expected to be recoverable and are de-recognised when settled or subsequently written-off as irrecoverable.

17 Irregular expenditure

Irregular expenditure is recorded in the notes to the financial statements when confirmed. The amount recorded is equal to the value of the irregular expenditure incurred unless it is impracticable to determine, in which case reasons therefor are provided in the note.

Irregular expenditure is removed from the note when it is either condoned by the relevant authority, transferred to receivables for recovery or not condoned and is not recoverable.

Irregular expenditure receivables are measured at the amount that is expected to be recoverable and are de-recognised when settled or subsequently written-off as irrecoverable.

ACCOUNTING POLICIESfor the year ended 31 March 2017

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ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

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18 Changes in accounting policies, accounting estimates and errors

Changes in accounting policies that are affected by management have been applied retrospectively in accordance with MCS requirements, except to the extent that it is impracticable to determine the period-specific effects or the cumulative effect of the change in policy. In such instances the department shall restate the opening balances of assets, liabilities and net assets for the earliest period for which retrospective restatement is practicable.

Changes in accounting estimates are applied prospectively in accordance with MCS requirements.

Correction of errors is applied retrospectively in the period in which the error has occurred in accordance with MCS requirements, except to the extent that it is impracticable to determine the period-specific effects or the cumulative effect of the error. In such cases the department shall restate the opening balances of assets, liabilities and net assets for the earliest period for which retrospective restatement is practicable.

19 Events after the reporting date

Events after the reporting date that are classified as adjusting events have been accounted for in the financial statements. The events after the reporting date that are classified as non-adjusting events after the reporting date have been disclosed in the notes to the financial statements.

20 Recoverable revenue

Amounts are recognised as recoverable revenue when a payment made in a previous financial year becomes recoverable from a debtor in the current financial year. Amounts are either transferred to the National/Provincial Revenue Fund when recovered or are transferred to the statement of financial performance when written-off.

21 Related party transactions

A related party transaction is a transfer of resources, services or obligations between the reporting entity and a related party. Related party transactions within the Minister/MEC’s portfolio are recorded in the notes to the financial statements when the transaction is not at arm’s length.

Key management personnel are those persons having the authority and responsibility for planning, directing and controlling the activities of the department. The number of individuals and their full compensation is recorded in the notes to the financial statements.

22 Employee benefits

The value of each major class of employee benefit obligation (accruals, payables not recognised and provisions) is disclosed in the Employee benefits note.

ACCOUNTING POLICIESfor the year ended 31 March 2017

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ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

124 IPID I ANNUAL REPORT I 2016/2017

NOTES TO THE ANNUAL FINANCIAL STATEMENTfor the year ended 31 March 2017

1. Annual Appropriation

1.1 Annual Appropriation

Included are funds appropriated in terms of the Appropriation Act (and the Adjustments Appropriation Act) for National

Departments (Voted funds):

2016/17 2015/16Final

AppropriationActual Funds

ReceivedFunds not

requested/not received

Final Appropriation

Appropriation received

R’000 R’000 R’000 R’000 R’000Administration 72 522 72 522 - 74 245 74 245

Investigation and Information Management 155 659 155 659 - 150 822 150 822

Legal Services 5 288 5 288 - 5 096 5 096

Compliance Monitoring and Stakeholder Management

8 642 8 642 - 4 618 4 618

Total 242 111 242 111 - 234 781 234 781

2. Departmental revenue

Note 2016/17 2015/16R’000 R’000

Sales of goods and services other than capital assets 2.1 98 90

Interest, dividends and rent on land 2.2 11 7

Transactions in financial assets and liabilities 2.3 176 64

Total revenue collected 285 161Departmental revenue collected 285 161

2.1 Sales of goods and services other than capital assets

Note 2016/17 2015/162 R’000 R’000

Sales of goods and services produced by the department 98 90Sales by market establishment 3 2Other sales 95 88

Sales of scrap, waste and other used current goods

Total 98 90

2.2 Interest, dividends and rent on land

Note 2016/17 2015/162 R’000 R’000

Interest 11 7

Total 11 7

2.3 Transactions in financial assets and liabilities

Note 2016/17 2015/162 R’000 R’000

Receivables 115 16

Other Receipts including Recoverable Revenue 61 48

Total 176 64

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ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

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NOTES TO THE ANNUAL FINANCIAL STATEMENTfor the year ended 31 March 2017

3. Compensation of employees

3.1 Salaries and Wages

Note 2016/17 2015/16R’000 R’000

Basic salary 115 941 100 333

Performance award 1 718 2 029

Service Based 966 413

Compensative/circumstantial 4 242 5 621

Other non-pensionable allowances 24 392 21 784

Total 147 259 130 180

3.2 Social contributions

Note 2016/17 2015/16R’000 R’000

Employer contributionsPension 14 962 13 052

Medical 6 930 6 302

Bargaining council 28 25

Total 21 920 19 379

Total compensation of employees 169 179 149 559

Average number of employees 382 375

4. Goods and services

Note 2016/17 2015/16R’000 R’000

Administrative fees 757 660

Advertising 232 520

Minor assets 4.1 157 985

Bursaries (employees) 155 125

Catering 199 220

Communication 5 250 3 919

Computer services 4.2 8 856 5 636

Consultants: Business and advisory services 330 506

Legal services 1 015 2 300

Contractors 495 302

Agency and support / outsourced services - 64

Audit cost – external 4.3 2 173 3 396

Fleet services 4 460 5 726

Consumables 4.4 1 311 2 260

Operating leases 13 242 20 401

Property payments 4.5 10 130 9 559

Travel and subsistence 4.6 19 086 22 779

Venues and facilities 421 13

Training and development 657 524

Other operating expenditure 4.7 1 803 1 722

Total 70 729 81 617

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ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

126 IPID I ANNUAL REPORT I 2016/2017

4.1 Minor assets

Note 2016/17 2015/164 R’000 R’000

Tangible assets 157 985Machinery and equipment 157 985

Total 157 985

4.2 Computer services

Note 2016/17 2015/164 R’000 R’000

SITA computer services 2 513 1 557

External computer service providers 6 343 4 079

Total 8 856 5 636

4.3 Audit cost – External

Note 2016/17 2015/164 R’000 R’000

Regularity audits 1 923 3 258

Computer audits 250 138

Total 2 173 3 396

4.4 Consumables

Note 2016/17 2015/164 R’000 R’000

Consumable supplies 553 841Uniform and clothing 1 100

Household supplies 182 78

IT consumables 8 35

Other consumables 362 628

Stationery, printing and office supplies 758 1 419Total 1 311 2 260

4.5 Property payments

Note 2016/17 2015/164 R’000 R’000

Municipal services 3 031 2 725

Property management fees 152 138

Other 6 947 6 696

Total 10 130 9 559

4.6 Travel and subsistence

Note 2016/17 2015/164 R’000 R’000

Local 18 812 22 697

Foreign 274 82

Total 19 086 22 779

NOTES TO THE ANNUAL FINANCIAL STATEMENTfor the year ended 31 March 2017

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ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

127IPID I ANNUAL REPORT I 2016/2017

4.7 Other operating expenditure

Note 2016/17 2015/164 R’000 R’000

Professional bodies, membership and subscription fees 15 9

Resettlement costs 679 314

Other 1 109 1 399

Total 1 803 1 722

The disclosed amount of R1 109 under Other, represent the expenditure incurred on insurance for subsidised vehicles, courier printing and publication services on the Directorate’s strategic documents.

5. Payments for financial assets

Note 2016/17 2015/16R’000 R’000

Debts written off 5.1 93 2Total 93 2

5.1 Debts written off

Note 2016/17 2015/165 R’000 R’000

Nature of debts written offRecoverable revenue written off Interest on overdue account - 2

Total - 2Other debt written offDebt written off Irrecoverable debts that have prescribed 93 -

Total 93 -

Total debt written off 93 2

6. Transfers and subsidies

2016/17 2015/16R’000 R’000

Note

Departmental agencies and accounts Annex 1B 549 364

Households Annex 1G 895 259

Total 1 444 623

7. Expenditure for capital assets

Note 2016/17 2015/16R’000 R’000

Tangible assets 286 2 356

Machinery and equipment 27 286 2 356

Total 286 2 356

NOTES TO THE ANNUAL FINANCIAL STATEMENTfor the year ended 31 March 2017

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128 IPID I ANNUAL REPORT I 2016/2017

7.1 Analysis of funds utilised to acquire capital assets – 2016/17

Voted funds Aid assistance TotalR’000 R’000 R’000

Tangible assetsMachinery and equipment 286 - 286

Total 286 - 286

7.2 Analysis of funds utilised to acquire capital assets – 2015/16

Voted funds Aid assistance TotalR’000 R’000 R’000

Tangible assets 2 356 2 356Machinery and equipment 2 356 - 2 356

Total 2 356 - 2 356

8. Unauthorised expenditure

8.1 Reconciliation of unauthorised expenditure

Note 2016/17 2015/168 R’000 R’000

Opening balance 891 891

Prior period error -

As restated 891 891

Closing balance 891 891

An amount disclosed relates to the previous Financial year’s expenditures that still awaits authorisation by SCOPA.

8.2 Analysis of unauthorised expenditure awaiting authorisation per economic classification

2016/17 2015/16R’000 R’000

Current 891 891

Total 891 891

8.3 Analysis of unauthorised expenditure awaiting authorisation per type

2016/17 2015/16R’000 R’000

Unauthorised expenditure relating to overspending of the vote or a main division within a vote

891 891

Total 891 891

9. Cash and cash equivalents

Note 2016/17 2015/16R’000 R’000

Cash on hand - 1

Total - 1

Cash on hand represent the Petty Cash bank balance as at the reporting date.

NOTES TO THE ANNUAL FINANCIAL STATEMENTfor the year ended 31 March 2017

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129IPID I ANNUAL REPORT I 2016/2017

10. Prepayments and advances

Note 2016/17 2015/16R’000 R’000

Staff advances 22 23

Travel and subsistence 3 9

Total 25 32

11. Receivables

2016/17 2015/16Current Non-current Total Current Non-current Total

Note

R’000 R’000 R’000 R’000 R’000 R’000

Claims recoverable 11.1 303 - 303 36 - 36

Recoverable expenditure 11.2 - 1 1 10 74 84

Staff debt 11.3 123 1 124 4 3 7

Total 426 2 428 50 77 127

11.1 Claims recoverable

Note 2016/17 2015/1611 and Annex 4 R’000 R’000

National departments 303 36

Total 303 36

11.2 Recoverable expenditure (disallowance accounts)

Note 2016/17 2015/1615 R’000 R’000

Debt Account 9 144

Debt Receivable Income (8) (60)

Total 1 84

11.3 Staff debt

Note 2016/17 2015/1611 R’000 R’000

Sal: Tax Debt - 4

Sal: Deductions Disallowance CA 1 -

Sal: Reversal Control Acc 123 -

T&S Advance Foreign - 3

Total 124 7

11.4 Fruitless and wasteful expenditure

Note 2016/17 2015/1611 R’000 R’000

Opening balance - -

Less amounts recovered - (4)

Transfers from note 32 Fruitless and Wasteful Expenditure - 4

Total - -

The above amount represents a refund that was made by the Supplier who overcharged the Department.

NOTES TO THE ANNUAL FINANCIAL STATEMENTfor the year ended 31 March 2017

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11.5 Impairment of receivables

Note 2016/17 2015/16R’000 R’000

Estimate of impairment of receivables - 36

Total - 36

Impairment was taken into account the amount already written-off.

12. Voted funds to be surrendered to the Revenue Fund

Note 2016/17 2015/16R’000 R’000

Opening balance 624 (2 840)

As restated 624 (2 840)

Transfer from statement of financial performance (as restated) 380 624

Paid during the year (624) 2 840

Closing balance 380 624

13. Departmental revenue and NRF Receipts to be surrendered to the Revenue Fund

Note 2016/17 2015/16R’000 R’000

Opening balance 13 7

As restated 13 7

Transfer from Statement of Financial Performance (as restated) 285 161

Paid during the year (288) (155)

Closing balance 10 13

14. Bank Overdraft

Note 2016/17 2015/16R’000 R’000

Consolidated Paymaster General Account 871 252

Total 871 252

15. Payables – current

Note 2016/17 2015/16R’000 R’000

Amounts owing to other entities

Clearing accounts 15.1 83 162

Total 83 162

NOTES TO THE ANNUAL FINANCIAL STATEMENTfor the year ended 31 March 2017

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131IPID I ANNUAL REPORT I 2016/2017

15.1 Clearing accounts

Note 2016/17 2015/1621 R’000 R’000

Sal: Income Tax 76 150

Sal: Pension 7 12

Total 83 162

16. Net cash flow available from operating activities

Note 2016/17 2015/16R’000 R’000

Net surplus/(deficit) as per Statement of Financial Performance 665 785

Add back non cash/cash movements not deemed operating activities (999) 2 605

(Increase)/decrease in receivables – current (301) (27)

(Increase)/decrease in prepayments and advances 7 490

Increase/(decrease) in payables – current (79) (2 899)

Expenditure on capital assets 286 2 356

Surrenders to Revenue Fund (912) 2 685

Voted funds not requested/not received - -

Own revenue included in appropriation - -

Net cash flow generated by operating activities (334) 3 390

17. Reconciliation of cash and cash equivalents for cash flow purposes

Note 2016/17 2015/16R’000 R’000

Consolidated Paymaster General account (871) (252)

Cash on hand - 1

Total (871) (251)

18. Contingent liabilities and contingent assets

18.1 Contingent liabilities

Note 2016/17 2015/16R’000 R’000

Liable to NatureClaims against the department Annex 3B 57 275 41 480

Intergovernmental payables (unconfirmed balances) Annex 5 549 1 903

Total 57 824 43 383

Contingent liability disclosed relates to litigation against the department through summons and letter of demands, it is uncertain on when the amount and timing of outflow will happen due to the fact that some cases are still at various stages in courts.

All cases disclosed above are claims against the Department, therefore reimbursement is not expected.

NOTES TO THE ANNUAL FINANCIAL STATEMENTfor the year ended 31 March 2017

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132 IPID I ANNUAL REPORT I 2016/2017

Due to the nature of IPID business, the Department experienced a high number of litigation cases which comes with summons and letter of demands. Full description of each case is provided in the Annexure 3B of the Annual Financial Statements; however, it is impractical to provide an indication of the uncertainties relating to the amount or timing of any outflow in all disclosed cases.

19. Commitments

Note 2016/17 2015/16R’000 R’000

Current expenditureApproved and contracted 1 286 1 854

1 286 1 854

Total Commitments 1 286 1 854

The commitment reported includes a cleaning services contract for National Office that was awarded in March 2017 for the period of 24 months.

Going Concern Management Assessments: Over the past financial years, the IPID has experienced numerous budget cuts which have resulted in the Goods and Services budget been drastically reduced to extend of not meeting the Directorate’s contractual obligations and its performance targets. The referred budget cuts were so extensive that the Directorate could not even afford to budget for the replacement of its operational equipment which was no longer functional. The trend of extensive budget cuts experienced by IPID has resulted in a significant increase in the accruals of R5 342 000 in the financial year 2014/15, R6 858 000 in 2015/16 and R24 023 000 in 2016/17.There is a material uncertainty related to events or conditions that may cast significant doubt on the department’s ability to continue as a going concern and, therefore, that it may be unable to realise its assets and discharge its liabilities in the normal course of business.

Various Stakeholders including National Treasury and the Minister of Police have been engaged to assist the Department with additional funding in order to address the reported cost pressure areas. The allocation of additional funding to the IPID will not only address the increased accruals but also the insufficient capacity in various key units.

20. Accruals and payables not recognised

20.1 Accruals

2016/17 2015/16R’000 R’000

Listed by economic classification30 Days 30+ Days Total Total

Goods and services 6 245 17 399 23 644 6 858

Other 96 283 379 -

Total 6 341 17 682 24 023 6 858

Note 2016/17 2015/16R’000 R’000

Listed by programme levelAdministration 13 449 4 016

Investigation and Information Management 10 310 2 809

Legal Services 156 12

Compliance Monitoring and Stakeholder Management 108 21

Total 24 023 6 858

Due to the Budget constraints, not all the invoices for services rendered were settled within the financial year under review hence the reported accruals; however, the department entered in an agreement with affected Suppliers and payments of the received invoices were deferred to the next financial year.

NOTES TO THE ANNUAL FINANCIAL STATEMENTfor the year ended 31 March 2017

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133IPID I ANNUAL REPORT I 2016/2017

Note 2016/17 2015/16Included in the above totals are the following: R’000 R’000Confirmed balances with other departments Annex 5 2 458 630

Confirmed balances with other government entities Annex 5 11 749 280

Total 14 207 910

The increased confirmed balances in 2016/17 were mainly due to the accruals caused by budget constraints.

21. Employee benefits

Note 2016/17 2015/16R’000 R’000

Leave entitlement 7 146 7 693

Service bonus (Thirteenth cheque) 4 695 4 410

Performance awards 1 697 1 850

Capped leave commitments 3 870 4 275

Other 148 56

Total 17 556 18 284

The Leave entitlement has a negative leave balance of R88 346.62 which represents 60.22 negative balances for a total of 27 officials at reporting date, 31 March 2017. In comparison with the previous Financial year, 2015/16, the amount reported was R125 636.89 which represents 76.83 negative leave balances for a total of 26 Officials. Leave Entitlement for both financial years also includes current and prior years’ cycle’s liabilities.

Service Bonus liability is a systematically PERSAL calculation which reconcile with the formula according to the DPSA Financial Manual.

The Performance Awards are based on the previous payment made since the performance assessments have not been concluded by the reporting date.

Long service awards provision for all officials who have 20 and 30 years are disclosed as ‘’other’’ under Employee benefits.

22. Lease commitments

22.1 Operating leases expenditure

2016/17

Specialised military

equipment Land

Buildings and other

fixed structures

Machinery and

equipment TotalNot later than 1 year - - - 133 133

Later than 1 year and not later than 5 years - - - 16 16

Total lease commitments - - - 149 149

2015/16

Specialised military

equipment Land

Buildings and other

fixed structures

Machinery and

equipment TotalNot later than 1 year - - - 345 345

Later than 1 year and not later than 5 years - - - 146 146

Total lease commitments - - - 491 491

The Office Buildings’ leases are based on the arrangements that have been made by DPW and the Landlords on behalf of IPID. The contractual obligation is also between the two referred parties and there is no sub-lease between IPID and DPW. Prior year amounts have been derecognised on the basis of the adopted principle in the year under review.

NOTES TO THE ANNUAL FINANCIAL STATEMENTfor the year ended 31 March 2017

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23. Irregular expenditure

a. Reconciliation of irregular expenditure

Note 2016/17 2015/16R’000 R’000

Opening balance 2 565 527

As restated 2 565 527

Add: Irregular expenditure – relating to prior year 12 678 -

Add: Irregular expenditure – relating to current year 6 289 2 069

Less: Prior year amounts condoned - (31)

Closing balance 21 532 2 565

Analysis of awaiting condonation per age classificationCurrent year 6 289 2 060

Prior years 15 243 505

Total 21 532 2 565

b. Details of irregular expenditure – added current year (relating to current and prior years)

Incident Disciplinary steps taken/criminal proceedings 2016/17

R’000Non-compliance with Public Service Act and Public Service Regulations in appointment of the Chief Director: Corporate Service

The matter has been reported for legal action against the affected parties.

451

Payment made exceeded the approved deviated amount

Request for approval of different amount will be submitted to the Accounting Officer

155

Quotations awarded not in accordance with the prescribed preference point system

The verification process has been strengthened in SCM 303

Contract extensions not justifiable and exceeding 15% of original contracts without approval by National Treasury

The submission will be made to National Treasury to consider the extended amount of the contract.

610

Contract extensions not justifiable To request National Treasury to consider the reasons that led to the contract extensions for regularisation

4 770

Total 6 289

24. Fruitless and wasteful expenditure

a. Reconciliation of fruitless and wasteful expenditure

Note 2016/17 2015/16R’000 R’000

Opening balance 314 321

As restated 314 321

Fruitless and wasteful expenditure – relating to current year 3 234 2

Less: Amounts resolved (314) (5)

Less: Amounts transferred to receivables for recovery 11.4 - (4)

Closing balance 3 234 314

NOTES TO THE ANNUAL FINANCIAL STATEMENTfor the year ended 31 March 2017

Page 136: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

135IPID I ANNUAL REPORT I 2016/2017

b. Analysis of awaiting resolution per economic classification

2016/17 2015/16R’000 R’000

Current 3 234 314

Total 3 234 314

c. Analysis of Current year’s fruitless and wasteful expenditure

Incident Disciplinary steps taken/criminal proceedings 2016/17

R’000Interest charged on outstanding Telkom account. The matter was reported to the Financial Misconduct Committee 2

Incorrect Kilometers claimed by officials The case is under investigation 4

Official incurred accommodation costs and claimed S&T without confirmation of attendance for training (Limpopo) and Double bookings of hotel accommodation (KZN)

The matter was reported to the Financial Misconduct Committee 5

Payment of arrears and penalties on state vehicle: DVN 806 EC for late renewal of licence disc.

The matter was reported to the Financial Misconduct Committee 5

Cancellation of a non-refundable bus ticket - Limpopo.

The matter was reported to the Financial Misconduct Committee 1

Advertisement of a vacant position not on approved organisational structure.

The matter was reported to the Financial Misconduct Committee 14

Penalty fees on changing the flight date. The matter was reported to the Financial Misconduct Committee 1

Penalty fees on late renewal of TV licence. The matter was reported to the Financial Misconduct Committee 1

Expenditure incurred on re-organisation process. The matter was reported to the Financial Misconduct Committee 1 931

Suspension of Chief Director - Corporate Services. The matter was reported to the Financial Misconduct Committee 1 270

Total 3 234

25. Related party transactions

List of related party relationships

1. South African Police Services (SAPS) - Reporting to same Minister

2. Private Security Industry Regulation Authoring (PSIRA) - Reporting to the same Minister

3. Civilian Secretariat of Police - Reporting to the same Minister

26. Key management personnel

No. of Individuals

2016/17 2015/16

R’000 R’000Officials:

Level 15 to 16 1 1 753 1 393

Level 14 (incl. CFO if at a lower level) 14 15 311 14 824

Family members of key management personnel 1 422 618

Total 17 486 16 835

NOTES TO THE ANNUAL FINANCIAL STATEMENTfor the year ended 31 March 2017

Page 137: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

136 IPID I ANNUAL REPORT I 2016/2017

27. Movable Tangible Capital Assets

MOVEMENT IN MOVABLE TANGIBLE CAPITAL ASSETS PER ASSET REGISTER FOR THE YEAR ENDED 31 MARCH 2017

Opening balance

Value adjustments

Additions Disposals Closing Balance

R’000 R’000 R’000 R’000 R’000

MACHINERY AND EQUIPMENT 43 390 - 286 329 43 347Transport assets 8 719 - - - 8 719

Computer equipment 21 385 - 129 329 21 185

Furniture and office equipment 9 921 - 25 - 9 946

Other machinery and equipment 3 365 - 132 - 3 497

TOTAL MOVABLE TANGIBLE CAPITAL ASSETS 43 390 - 286 329 43 347

Movable Tangible Capital Assets under investigation

Number Value R’000

Included in the above total of the movable tangible capital assets per the asset register are assets that are under investigation:

Machinery and equipment 31 2 214

In communication with G-Fleet on transfer and acceptance of vehicles and late reported lost assets items.

27.1 Additions

ADDITIONS TO MOVABLE TANGIBLE CAPITAL ASSETS PER ASSET REGISTER FOR THE YEAR ENDED 31 MARCH 2017Cash* Non-cash** (Capital Work

in Progress current

costs and finance lease

payments)

Received current, not

paid

(Paid current year, received

prior year)

Total

R’000 R’000 R’000 R’000 R’000

MACHINERY AND EQUIPMENT 286 286Computer equipment 129 - - - 129

Furniture and office equipment 25 - - - 25

Other machinery and equipment 132 - - - 132

TOTAL ADDITIONS TO MOVABLE TANGIBLE CAPITAL ASSETS

286 - - - 286

NOTES TO THE ANNUAL FINANCIAL STATEMENTfor the year ended 31 March 2017

Page 138: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

137IPID I ANNUAL REPORT I 2016/2017

27.2 Disposals

DISPOSALS OF MOVABLE TANGIBLE CAPITAL ASSETS PER ASSET REGISTER FOR THE YEAR ENDED 31 MARCH 2017Sold for cash Non-cash

disposalTotal disposals Cash Received

ActualR’000 R’000 R’000 R’000

MACHINERY AND EQUIPMENTComputer equipment - 329 329 -

TOTAL DISPOSAL OF MOVABLE TANGIBLE CAPITAL ASSETS

329 329

27.3 Movement for 2015/16

MOVEMENT IN TANGIBLE CAPITAL ASSETS PER ASSET REGISTER FOR THE YEAR ENDED 31 MARCH 2016Opening balance

Prior period error

Additions Disposals Closing Balance

R’000 R’000 R’000 R’000 R’000

MACHINERY AND EQUIPMENT 42 197 - 1 259 (66) 43 390Transport assets 8 719 - - - 8 719

Computer equipment 20 964 - 421 - 21 385

Furniture and office equipment 9 599 - 388 (66) 9 921

Other machinery and equipment 2 915 - 450 - 3 365

TOTAL MOVABLE TANGIBLE CAPITAL ASSETS 42 197 - 1 259 (66) 43 390

27.4 Minor assets

MOVEMENT IN MINOR ASSETS PER THE ASSET REGISTER FOR THE YEAR ENDED AS AT 31 MARCH 2017Specialised

military assetsIntangible

assetsHeritage

assetsMachinery and

equipmentBiological

assetsTotal

R’000 R’000 R’000 R’000 R’000 R’000

Opening balance - - - 12 826 - 12 826

Additions - - - 150 - 150

Disposals - - - 171 - 171

TOTAL MINOR ASSETS - - - 12 805 - 12 805

Specialised military assets

Intangible assets

Heritage assets

Machinery and equipment

Biological assets

Total

Number of minor assets at cost - - - 7 606 - 7 606

TOTAL NUMBER OF MINOR ASSETS

7 606 7 606

Minor Capital Assets under investigationNumber Value

R’000Included in the above total of the minor capital assets per the asset register are assets that are under investigation:Machinery and equipment 3 8

Assets reported as losses which were still under verification by the reporting date.

NOTES TO THE ANNUAL FINANCIAL STATEMENTfor the year ended 31 March 2017

Page 139: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

138 IPID I ANNUAL REPORT I 2016/2017

MOVEMENT IN MINOR ASSETS PER THE ASSET REGISTER FOR THE YEAR ENDED AS AT 31 MARCH 2016Specialised

military assetsIntangible

assetsHeritage

assetsMachinery and

equipmentBiological

assetsTotal

R’000 R’000 R’000 R’000 R’000 R’000

Opening balance - - - 12 685 - 12 685

Additions - - - 285 - 285

Disposals - - - (144) - (144)

TOTAL MINOR ASSETS - - - 12 826 - 12 826

Specialised military assets

Intangible assets

Heritage assets

Machinery and equipment

Biological assets

Total

Number of minor assets at cost - - - 7 560 - 7 560

TOTAL NUMBER OF MINOR ASSETS

7 560 7 560

NOTES TO THE ANNUAL FINANCIAL STATEMENTfor the year ended 31 March 2017

Page 140: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

139IPID I ANNUAL REPORT I 2016/2017

ANNEXURE 1B

STATEMENT OF TRANSFERS TO DEPARTMENTAL AGENCIES AND ACCOUNTS

DEPARTMENT/ AGENCY/ ACCOUNT

TRANSFER ALLOCATION TRANSFER 2015/16

Adjusted

Appro-priation Roll Overs

Adjust-ments

Total Available

Actual Transfer Total

% of Available funds Transferred

Appro-priation Act

R’000 R’000 R’000 R’000 R’000 % R’000

SASSETA 535 - - 535 535 100% 354

Communication: Licences (Radio &TV)

14 - - 14 14 100% 10

TOTAL 549 - - 549 549 364

An amount of R535 000 has been transferred to SASSETA in accordance with the signed Service Level Agreement for skills development of Staff.

ANNEXURE 1G

STATEMENT OF TRANSFERS TO HOUSEHOLDS

HOUSEHOLDS

TRANSFER ALLOCATION EXPENDITURE 2015/16Adjusted

Appro-priation Act

Roll Overs

Adjust-ments

Total Available

Actual Transfer

% of Available funds Transferred

Appro-priation Act

R’000 R’000 R’000 R’000 R’000 % R’000

TransfersLeave Gratuity 54 - - 54 54 100% 179

Claims against the state 831 - - 831 831 100% 70

Act of grace remuneration 10 - - 10 10 100% 10

TOTAL 895 - - 895 895 259

ANNEXURE 1H

STATEMENT OF GIFTS, DONATIONS AND SPONSORSHIPS RECEIVED

NAME OF ORGANISATION NATURE OF GIFT, DONATION OR SPONSORSHIP2016/17 2015/16

R’000 R’000

Received in kindTravel with Flair 25 desk calendars - 2

Public Servants Association Travelling Bags for Investigative Indaba 17 -

Embassy of the United States of America Investigative Training 26 -

SubtotalTOTAL 43 2

ANNEXURES TO THE ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

Page 141: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

140 IPID I ANNUAL REPORT I 2016/2017

ANNEXURES TO THE ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

ANNEXURE 1J

STATEMENT OF GIFTS, DONATIONS AND SPONSORSHIPS MADE

NATURE OF GIFT, DONATION OR SPONSORSHIP

(Group major categories but list material items including name of organisation

2016/17 2015/16

R’000 R’000

Made in kind

Donation of redundant office furniture to various identified schools - 195

Donation of redundant furniture to South African National Defence Force - 10

TOTAL - 205

Page 142: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

141IPID I ANNUAL REPORT I 2016/2017

ANNEXURES TO THE ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

ANNEXURE 3B

STATEMENT OF CONTINGENT LIABILITIES AS AT 31 MARCH 2017

Nature of Liability

Opening Balance 

Liabilities incurred

during the year

Liabilities paid/

cancelled/reduced

during the year

Liabilities recoverable

(Provide details

hereunder)

Closing Balance

1 April 201631 March

2017R’000 R’000 R’000 R’000 R’000

Claims against the department

North West Mafikeng - SM Matshe vs Minister of Police 300 - 300 - -

General Mpembe vs Minister of Police 750 - - - 750

Richard Nziyane vs Minister of Police 480 - - - 480

Moiloa & Others vs Minister of Police 960 - - - 960

Ngobeni vs Minister of Police 1 000 - - - 1 000

Modutoane vs Minister of Police 1 000 - - - 1 000

Ntshangase vs Minister of Police 1 000 - - - 1 000

Poswa vs The Executive Director of IPID and Others 800 - 800 - -

Mlangeni vs Minister of Police and Others 1 000 - - - 1 000

Booysen Johan Wessel 10 500 - - - 10 500

Mathata MZ 1 000 1 725 - - 2 725

Mabotja TA 1 000 1 725 - - 2 725

Mabuda LS 120 11 - - 131

Boitumelo Ramahlaha vs Minister of Police and Mapheto 1 750 158 - - 1 908

Mzwana SS 400 - - - 400

FJ Engelbrecht 200 - - - 200

M W Ramatlou - 8 160 - - 8 160

L Nowele - 24 - - 24

M Ngobese - 200 91 - 109

PSA obo Mphago & Others vs IPID - 819 819 - -

Lekatela Collins Sekwadi v Minister of Police - 2 218 - - 2 218

PSA obo Wagenaar and IPID - 12 12 - -

KE Sons Investments CC 14 979 2 322 - - 17 301

Santam Insurance on behalf of MKB Tactical (Pty) Ltd 13 - - - 13

Karelse vs Minister of Police 3 - - - 3

Netshapala Mukondoleli Lesley vs Minister of Police 500 270 - - 770

Munsami Yogandran vs Minister of Police 520 174 - - 694

Human Communication Recruitment vs Minister of Police 5 - - - 5

Mkhize vs IPID and Another 200 - 200 - -

Mapheto vs Minister of Police 3 000 - - - 3 000

Moabelo vs Executive Director of IPID - 200 - - 200

TOTAL 41 480 18 017 2 222 - 57 275

Page 143: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

for the year ended 31 March 2017

142 IPID I ANNUAL REPORT I 2016/2017

ANNEXURES TO THE ANNUAL FINANCIAL STATEMENTS

1. Revision of opening balance and an interest of 9% have been added on Mathata MZ matter in accordance to the court summons.

2. Revision of opening balance and an interest of 9% has been added Mabotja TA matter in accordance to the court summons.

3. An interest of 9% which has been added on Mabuda LS matter in accordance to the court summons.

4. An interest of 9% which has been added on Boitumelo Ramahlaha vs Minister of Police and Mapheto matter in accordance to the court summons.

5. An interest of 15.5% has been added on KE Sons Investments CC matter case in accordance to the court summons.

6. An interest of 15.5% for 3 years has been added on Netshapala Mukondoleli Lesley vs Minister of Police matter in accordance to the court summons.

7. An interest of 15.5% for 2 years has been added on Munsami Yogandran vs Minister of Police matter in accordance to the court summons.

Page 144: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

for the year ended 31 March 2017

ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

143IPID I ANNUAL REPORT I 2016/2017

ANNEXURES TO THE ANNUAL FINANCIAL STATEMENTSA

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Page 145: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

144 IPID I ANNUAL REPORT I 2016/2017

ANNEXURES TO THE ANNUAL FINANCIAL STATEMENTSfor the year ended 31 March 2017

AN

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Page 146: Independent Police Investigative Directorate Annual Report ... · 7.1. vision 17 7.2. mission 17 7.3. values 17 8. legislative and other mandates 17 9. organisational structure 18

Head OfficePhysical Address: City Forum Building, 114 Madiba (Vermeulen) Street

Postal Address: Private Bag x 941, Pretoria, 0001

Tel: 012 399 0000

Fax: 012 326 0408

E-mail: [email protected]

Website: www.ipid.gov.za

RP243/2017ISBN: 978-0-621-45708-7